Partly allowed

Md. Karim v. State of Odisha

Orissa HC4 Jul 2023ABLAPL/5627/2023

Case brief

AI extract

What is this about?

The High Court refused anticipatory bail. Instead, it directed that if the petitioners surrender within three weeks to the trial court for the pending case in Kutra P.S, they shall be admitted to bail on specific conditions including cash deposit of Rs.500 each and cooperation with investigation and investigation agents. Violation entails cancellation of bail.

What did the court decide?

Direction to grant bail upon surrender within three weeks in the pending trial court case subject to cash deposit of Rs.500 and strict conditions; immediate anticipatory bail refused.

Md. Karim Vs State of Odisha — Anticipatory Bail | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No. 5627 of 2023

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Md. Karim & others …. Petitioners

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Mr. R. N. Parija, Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. M.K. Mohanty, ASC.

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CORAM:

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JUSTICE CHITTARANJAN DASH

Order No.

ORDER

04.07.2023

Heard learned counsel for the Petitioners and for the State.

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This is an application for bail U/s. 438 Cr.P.C. filed by the Petitioners in apprehension of arrest for their alleged involvement in the offences under Sections- 147/148/341/323/324/307/427/395 /506/149 of IPC R/w. Section 25/27 of Arms Act.

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Perusal of the FIR reveals that on 06.04.2023 at about 6.15 P.M, while the son of the Informant namely Md. Danish had gone to Akhada, Md. Sanulla, Md. Belal, Md. Kadir, Md. Batin, Md. Butuna, Md. Ruksar, Md. Baua, Md. Konen, Md. Batnu, Md. Fajlu suddenly came to the son of the Informant and attacked him near the house of Md. Sanula by means of stick and thrown stone with the intention to kill him. As a result, he sustained bleeding injuries. It is also alleged that Md. Kadir assaulted to the son of the Informant by means of a bhujali and threatened to do away with his life. Subsequently some of the Persons as named in the FIR entered

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the house of the Informant armed with deadly weapons and abused him in obscene languages.

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As appears from the FIR and submitted by learned counsel for the Petitioners that the principal culprit in the case is Md. Sanulla and Md. Kadir.

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Considering the submission of the learned counsel for the Petitioners, nature of allegations, the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioners surrender and move for bail in connection Kutra P.S Case No. 50 of 2023 corresponding to G.R. Case No. 281 of 2023 pending in the court of learned J.M.F.C., Rajgangpur, within a period of three weeks hence, they shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court, but subject to cash deposit of Rs.500/-(Rupees Five Hundred) each only in the manner to be directed by the court to its satisfaction with further conditions as follows:-

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(i)The Petitioners shall appear before the I.O. as and when required and shall cooperate with the investigation till the submission of Final Form;

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(ii) Shall also appear before the trial court on each date of trial unless specifically exempted or consider the prayer U/s. 317 Cr.P.C;

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(iii) Shall not threaten, intimidate or terrorize the Informant;

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(iv) Shall not tamper with the prosecution evidence in any manner whatsoever;

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(v) Shall not indulge in any other crime of similar nature to the present case, in any manner whatsoever, while on bail.

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Page 2 of 3

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// 3 //

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

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It is made clear that the learned court below shall verify the criminal antecedent of the Petitioners and injury report in respect to the injured. In case antecedent is noticed, and the injury is found to be grievous, the order of this Court shall not be given effect to and the court shall be free to deal with matter of bail according to its merit without further reference to the present.

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8. The ABLAPL is disposed of accordingly.

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(Chittaranjan Dash)
Judge
B.K Sahoo

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Signature Not Verified

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Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 04-Jul-2023 19:52:38

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Md. Karim v. State of Odisha

Case brief

What is this about?

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Md. Karim v. State of Odisha

Case brief

What is this about?

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