Disposed

Jhintu @ Jintu Padhan v. State of Odisha

Orissa HC6 Dec 2023ABLAPL/14399/2023

Case brief

AI extract

What is this about?

The High Court dismissed the maintainability of an anticipatory bail application due to the severity of charges. The petitioners were directed to surrender before the Special Judge, Sonepur, within fifteen days following a rule passed in Pramod Kumar Ray, after which they would be released on interim bail subject to final disposal by the lower court.

What did the court decide?

Directing petitioners to surrender before the Special Judge, Sonepur within fifteen days; upon surrender, release on interim bail by the lower court; final disposal of bail application by lower court

Jhintu @ Jintu Padhan Vs State of Odisha — Anticipatory Bail | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 14399 of 2023

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Jhintu@Jintu Padhan and others

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…. Petitioners

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Mr. S.K. Jena, Advocate

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-Versus -

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State of Odisha

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…. Opposite Party

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Additional Standing Counsel

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

06.12.2023

Order No. 01.

This matter is taken up through hybrid mode.

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Heard learned counsel for the petitioners and learned counsel for the State.

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The petitioners are apprehending arrest in connection with Dunguripali P.S. Case No. 217 of 2023 corresponding to G.R. Case No. 52 of 2023 pending in

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the court of learned Sessions Judge-cum-Special Judge, Sonepur for the alleged commission of offence under Sections 294/323/324/341/354/506/34 of IPOC and read with Sections 3(1)(r)(s)/3(2)(va) of the SC and ST (PA) Act and Sections 25/27 of the Arms Act.

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Learned State Counsel informs that the offence under Section 3 of S.C. & S.T Act has been added.

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Hence, the application for anticipatory bail is ordinarily not maintainable.

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In view of the order passed by this court in the case of Pramod Kumar Ray and others v. State of Odisha , reported in (2017) 16 OCR 309, the ABLAPL is disposed of directing the petitioners to surrender before the learned Sessions Judge-cum-Special Judge, Sonepur in the aforesaid case within fifteen days from today. It is further directed that seven days before such surrender, the petitioners shall cause required copies of the bail application to be served on learned Special Public Prosecutor for serving notice on the victim.

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In the event of surrender of the petitioners as aforesaid, they shall be released on interim bail, by learned court below for such duration and on such terms and conditions as it may deem fit and proper to impose.

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The bail application shall be finally disposed of by learned Court below within fifteen days from the date of appearance of the victim.

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Urgent certified copy of this order be granted on proper application.

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( Sashikanta Mishra) Judge

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Signature Not Verified

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Digitally Signed Signed by: BHIGAL CHANDRA TUDU Reason: Authentication Location: Orissa High Court, Cutt ack Date: 07-Dec-2023 16:58:14 B.C. Tudu

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Jhintu @ Jintu Padhan v. State of Odisha

Case brief

What is this about?

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Jhintu @ Jintu Padhan v. State of Odisha

Case brief

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