Dismissed

Sunil Kumar Sahu v. State of Odisha

Orissa HC4 Jul 2023ABLAPL/3819/2023

Case brief

AI extract

What is this about?

The High Court of Orissa dismissed the application for anticipatory bail under s.438 Cr.P.C. due to the gravity of forgery charges. The court directed that if the petitioner surrenders within three weeks, bail may be granted by the lower court subject to strict conditions including personal appearance and cooperation with the investigation.

What did the court decide?

No bail granted. Direction issued that surrender within three weeks will lead to bail grant by the trial court subject to conditions.

Sunil Kumar Sahu Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 3819 of 2023

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Sunil Kumar Sahu

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…. Petitioner

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Mr. B.R. Dash, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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Mr. Shasanka Patra, ASC

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CORAM:

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JUSTICE CHITTARANJAN DASH

ORDER

Order No.

04.07.2023

Heard learned counsel for the Petitioner and the State.

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This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s. 467/465/468/471/34 of IPC.

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Perusal of the FIR reveals that in the year of 1992 a piece of land measuring Ac. 0.145 dec. of Mouza-Nuasaru, Hinjili Tahasil pertaining Khata No. 902/112, Plot No. 5421 was purchased by the father of the Informant namely Trinath Sabata from the accused Smt. Mahalaxmi Patra and after purchasing the same the Informant and his family members enjoying the possession but in the meanwhile when the Informant approached the Agriculture Authority for registration of land to the purpose of procurement of paddy by the Govt. he came to know from the authorized officer that the above land in question was recorded in the name of the present Petitioner. After that finding no other way the Informant also obtained the copy of E.C. of the above stated land, from which he could came to know that the present

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// 2 //

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Petitioner is connivance with the land owner and Sub-Registrar Office Staff created a forged document and the land owner sold the land in favour of the present Petitioner without knowledge of the Informant.

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Keeping in view the submission and the nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant the anticipatory bail, it is directed that in the event the Petitioner surrenders and moves for bail in connection with G.R Case No.141 of 2023 arising out of Hinjili P.S. Case No.165 of 2023 pending in the court of learned J.M.F.C., Hinjilicut within a period of three weeks hence he shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court with further conditions that the Petitioner shall appear in person before the learned court below on each date of posting of the case unless specifically exempted by the court concerned and/or consider the prayer U/s.317 Cr.P.C; shall appear before the I.O. as and when required and shall cooperate with the investigation; shall not threaten, intimidate or terrorize the informant; shall not tamper with the prosecution evidence in any manner whatsoever, while on bail.

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Violation of any of the conditions shall entail cancellation of bail.

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The ABLAPL is disposed of accordingly.

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(Chittaranjan Dash)

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Signature Not Verified

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Judge

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Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication BKSahoo Location: HIGH COURT OF ORI SSA Date: 04-Jul-2023 19:52:39

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Page 2 of 2

Sunil Kumar Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sunil Kumar Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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