Dismissed

Siba Shankar Majhi v. State of Odisha

Orissa HC6 Mar 2024ABLAPL/886/2024

Case brief

AI extract

What is this about?

The High Court of Orissa declined to grant anticipatory bail in an application filed for offences under IPC and the Explosive Substance Act. The petitioner was directed to surrender to the lower court within three weeks to seek bail, ensuring timely disposal by higher forums.

What did the court decide?

Direction to surrender within three weeks to seek bail from the learned J.M.F.C., Kasipur.

Siba Shankar Majhi Vs State of Odisha — Cheque Dishonour | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.886 of 2024

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Siba Shankar Majhi

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…. Petitioner

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Mr. T.K. Mishra, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. Shashanka Patra, ASC

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CORAM: JUSTICE CHITTARANJAN DASH

Order No.

ORDER 06.03.2024

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.307/387/507, I.P.C. read with Sections 4 & 5 of Explosive Substance Act, 1908 in connection with Kasipur P.S. Case No.159 of 2022 corresponding to G.R. Case No.550 of 2022 pending in the court of the learned J.M.F.C., Kasipur.

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It is alleged in the F.I.R. that, on 07.12.2022 the wife of the Informant received a telephone call about installation of a bomb near the overhead water-tank in her house. Thereafter, the informant also discovered the same, but he thought the same to be done by someone in joke. But, as they heard some tik-tok sound coming from the planted bomb, the informant called the police and the police found some gelatin materials from the bomb and removed the same careful from its fixing point and defused the same.

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Having regard to the nature of the allegation, seriousness and gravity of the offence and the facts and circumstances of the case, while this Court is not inclined to grant anticipatory bail, it is directed that the Petitioner if so chooses may surrender before the learned J.M.F.C., Kasipur in G.R. Case No.550 of 2022 during the first hour within three weeks from today and move for bail, the learned Magistrate shall consider the bail application of the Petitioner in the first hour of the day itself, strictly on the basis of the materials available on record. In case of rejection of the bail application by the learned Magistrate, the Petitioner may move for bail before the higher forum in the second hour of the same day.

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In that event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day on merit, strictly on the basis of the materials available on record, without being influenced by any observation made herein by this Court or presuming it to be a direction in affirmative, the same shall be subject to verification of criminal antecedents of the Petitioner. If any other criminal antecedent is found against the Petitioners, this order shall not be given effect to.

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The Case Diary be made available to the learned courts below to facilitate disposal of the bail application of the Petitioner on the same day. The ABLAPL is disposed of accordingly.

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Signature Not Verified

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(Chittaranjan Dash) Judge

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Digitally Signed Signed by: SAMIR KUMAR PARIDA S.K.Parida Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY Reason: Authentic Copy Location: ORISSA HIGH COURT, CUTTACK Date: 07-Mar-2024 20:46:04

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Siba Shankar Majhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Siba Shankar Majhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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