Disposed

Shakti Prasad Samal v. State of Odisha

Orissa HC2 Feb 2023CRLMC/306/2023

Case brief

AI extract

What is this about?

The High Court disposed of the criminal bail application, directing the petitioner to surrender before the lower court in G.R. Case No.338 of 2020 on or before 22nd February, 2023. Upon surrender and filing of bail application, the petitioner shall be released on appropriate terms and conditions.

What did the court decide?

Direction to surrender before the lower court by 22nd February 2023; upon surrender and bail application, release on terms to be fixed by the lower court.

Shakti Prasad Samal Vs State of Odisha — Anticipatory Bail | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.306 of 2023

Shakti Prasad Samal

…. Petitioner

Mr. S.R. Rout, Advocate

-Versus-

State of Odisha

…. Opposite Parties

Mr. Tapas Kumar Praharaj, SC CORAM:

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MR. JUSTICE R.K. PATTANAIK

Order No.

ORDER 02.02.2023

Heard learned counsel for the petitioner and learned counsel for the State opposite party.

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Prayer in the present case is for quashing of the impugned order dated 25^th September, 2020 passed in G.R. 338 of 2020 corresponding to Mahanga P.S. Case No.90 of 2020 pending in the file of learned J.M.F.C., Salipur with a direction for the petitioner to surrender and released on bail subject to any condition as has been fixed by the court.

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A copy of the FIR is at Annexure-1.

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Learned counsel for the petitioner submits that the petitioner had approached this Court for anticipatory bail in ABLAPL No.5663 of 2020 which was allowed by order dated 29^th September, 2020 but on account of COVID-19 situation, he could not surrender and apply for bail. It is, therefore, submitted that a similar direction may be issued for release of the petitioner on such

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terms and conditions as would be found just and proper in the facts and circumstances of the case.

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A formal objection is received from Mr. Praharaj, learned counsel for the State.

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While contending so, learned counsel for the petitioner produced a copy of the bail order in ABLAPL No.5663 of 2020 for Court’s perusal. It is revealed from the said order that the petitioner was directed to surrender before the learned court below within a stipulated time for being released on bail subject to conditions.

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In such view of the matter, the Court is inclined to extend the same relief with a direction to the petitioner to surrender and released on bail with conditions.

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Accordingly, it is ordered. 9. In the result, CRLMC stands disposed of with a direction to the petitioner to surrender before the learned J.M.F.C., Salipur on or before 22^nd February, 2023 in connection with G.R. Case No.338 of 2020 and in the event he surrenders within the time stipulated and applies for bail, the court below shall release him on such terms and conditions.

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A certified copy of this order be granted as per rules.

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(R.K. Pattanaik) Judge

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Tudu

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Shakti Prasad Samal v. State of Odisha

Case brief

What is this about?

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Shakti Prasad Samal v. State of Odisha

Case brief

What is this about?

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