Disposed¶23

Shambunatha Majhi v. State of Odisha

Orissa HC6 Aug 2024ABLAPL/1330/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 Cr.P.C.; Sections 294/307/323/326/341/379/34 IPC; Korei P.S. Case No. 52/2024; C.T. Case No. 248/2024, J.M.F.C. Jajpur Road; anticipatory bail declined on gravity of allegation; conditional release on surrender within three weeks; bail on terms of learned Magistrate; subject to criminal antecedent verification; automatic revocation clause; Orissa High Court, Cuttack; decided 06.08.2024 by Justice Aditya Kumar Mohapatra; Shambunatha Majhi v. State of Odisha.

What did the court decide?

Anticipatory bail refused; liberty to surrender and move for regular bail before the learned Magistrate within three weeks, whereupon the petitioner is to be released on bail on terms the Magistrate deems just and proper, subject to criminal-antecedent verification with automatic revocation if any antecedent exists. ¶23

Shambunatha Majhi Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

¶23

Issue for consideration

Whether the petitioner, involved in offences under Sections 294/307/323/326/341/379/34 IPC in C.T. Case No. 248/2024 (arising out of Korei P.S. Case No. 52/2024), is entitled to anticipatory bail under Section 438 Cr.P.C.

¶17

Ratio / Principle

Anticipatory bail is declined, having regard to the seriousness of the allegation, gravity of the offence and the facts of the case.

¶21

Key takeaways

If the petitioner surrenders and moves for bail before the learned court seized of the matter within three weeks, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper.ratio¶21
The bail granted pursuant to the surrender direction is subject to verification of the petitioner's criminal antecedent.ratio¶22
If the petitioner is found to have any criminal antecedent, this order stands automatically revoked.

Detailed headnote1 paragraphs

Orissa High Court disposed of ABLAPL No.1330 of 2024 (Shambunatha Majhi v. State of Odisha), an application under Section 438 Cr.P.C. concerning offences punishable under Sections 294/307/323/326/341/379/34 IPC in C.T. Case No.248/2024 of the J.M.F.C., Jajpur Road, arising out of Korei P.S. Case No.52/2024. Considering the seriousness of the allegation and gravity of the offence, A.K. Mohapatra, J. declined anticipatory bail but directed that if the petitioner surrenders and moves for bail before the court in seisin within three weeks, he shall be released on bail on such terms and conditions as the learned Magistrate deems just and proper. The bail is subject to verification of criminal antecedent, and the order automatically stands revoked if the petitioner is found to have any criminal antecedent.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1330 of 2024

¶2

Shambunatha Majhi

¶3

.....

¶4

Petitioner

¶5

Represented By Adv. - Arijeet Mishra

¶6

-versus-

¶7

State Of Odisha

¶8

..... Opposite Parties

¶9

Represented By Adv. – A.P.Das, ASC

¶10

CORAM:

¶11

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

06.08.2024

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

¶16

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. Perused the records.

¶17

This is an application under Section 438 Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Section 294/307/323/326/341/379/34 of IPC in C.T. Case. No. 248/2024 of the Court of learned J.M.F.C., Jajpur Road, Jajpur arising out of Korei P.S. Case. No. 52/2024.

¶18

It is stated by learned counsel for the petitioner that one Chandan Barik is the principal assailant, who has assaulted the injured by means of a Bhujali. He further submitted that the petitioner has been falsely implicated in the present case. He further submitted that the injured, who had sustained injury, has been discharged from the hospital after receiving preliminary treatment and now the condition of the injured is

¶19

Page 1 of 2 .

¶20

hale and hearty. He further submitted that the petitioner does not have any criminal antecedent.

¶21

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned court in seisin over the matter within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper.

¶22

It is further directed that the bail granted to the petitioner is subject to verification of criminal antecedent. In the event, the Petitioner is having any criminal antecedent, then this order stands automatically revoked.

¶23

The ABLAPL is disposed of accordingly.

¶24

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

¶25

( A.K. Mohapatra)

¶26

Judge

¶27

Anil

¶28

Page Signature Not Verified 2 of 2 . Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 07-Aug-2024 10:19:28

Shambunatha Majhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Shambunatha Majhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Padma Charan Sethi @ Kalia Vs State of Odisha

Kartik Mohanty @ Raju Vs State of Odisha

Nidhia @ Bidyadhar Barik Vs State of Odisha

Biranchi Mallick Vs State of Odisha

Jalandhar Sahu Vs State of Odisha

Kabimanyu Maharana Vs Union of India