Partly allowed

Kailash Panda v. State of Odisha

Orissa HC23 Jul 2024ABLAPL/7127/2024

Case brief

AI extract

What is this about?

The High Court declined pre-arrest bail under Section 438 Cr.P.C. due to the gravity of offences, but directed that surrendering within four weeks would entitle the petitioners to regular bail, subject to antecedent verification and injury reports. The application was disposed of accordingly.

What did the court decide?

Pre-arrest bail refused; petitioners directed to surrender within four weeks to seek regular bail subject to conditions.

Kailash Panda Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7127 of 2024

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1) Kailash Panda

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1. Bajiram Parida

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1. Bhagirathi Palai

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.....

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Petitioners

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Represented By Adv. - Md. Golam Madani

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1. Sanjaya @ Sanjay Kumar Palai

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1. Ramesh Palai

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-versus-

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State Of Odisha

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..... Opposite Party

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Represented By Adv. – M.K.Mohanty, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

23.07.2024

Order No.

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

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Heard learned counsel for the Petitioners and learned Additional Standing Counsel appearing for the Opposite Party-State.

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The present application has been filed under Section 438 of Cr.P.C. by the Petitioners seeking pre-arrest bail in connection with Dhusuri P.S. Case No- 199 of 2024 corresponding to G.R. Case No458/ 2024, pending in the court of learned J.M.F.C., Dhamnagar, for alleged commission of offences punishable under Sections 341, 294, 323, 307, 506, 34 of the I.P.C.

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Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant pre-arrest bail to the Petitioners. However, it is directed that in the event the Petitioners

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Page 1 of 2.

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surrender before the Court in seisin over the matter within a period of four weeks from today and move an application for bail, the Court in seisin over the matter shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the Petitioners and injury report. In the event it is found by the learned court below that the Petitioners are having any criminal antecedent and the injuries sustained by the injured are grievous in nature, then this order shall automatically stand revoked.

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Accordingly, the ABLAPL is disposed of.

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

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( Aditya Kumar Mohapatra) Judge

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Rubi

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Signature Not Verified

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Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 25-Jul-2024 15:04:52

Kailash Panda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kailash Panda v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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