Disposed

Jayananda Biswal v. State of Odisha

Orissa HC6 Sept 2024ABLAPL/9616/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail under Section 482 BNSS in a case involving multiple BNS offences. The court declined anticipatory bail to Petitioner Nos.1, 2 and 4 but directed their release on bail upon surrender within three weeks, subject to criminal antecedent verification and a cash security for Petitioner No.1. Petitioner Nos.3 and 5 received liberty to surrender and seek bail within 21

What the court decided

AI extract

Jayananda Biswal Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9616 of 2024

¶2

1) Jayananda Biswal .....

¶3

Petitioners

¶4

1. Paku@prakash Biswal Represented By Adv. - 3) Rakesh Biswal Sambeet Pattanayak

¶5

1. Bhagyabati Biswal

¶6

1. Maheswar Biswal

¶7

-versus-

¶8

State Of Odisha ..... Opposite Parties Represented By Adv. – Mr.M.R.Mishra, ASC

¶9

CORAM:

¶10

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

06.09.2024

Order No.

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

¶15

Heard learned counsel for the Petitioners as well as learned Additional Standing Counsel for the State. Perused the records.

¶16

This is an application under Section 482 BNSS, 2023 filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 296, 118(1), 109, 75, 351(2), 3(5) of BNS, 2023.

¶17

Considering the seriousness of the allegation, gravity of the offence and the fact of the case, although I am not inclined to grant anticipatory bail to the Petitioner Nos.1,2 and 4, however it is observed that, in the event

¶18

Page 1 of 3 .

¶19

the Petitioner Nos.1,2 & 4 surrender and move for bail before the learned J.M.F.C., Konark in G.R.Case No.450 of 2024 arising out of Gop P.S.Case No.230 of 2024 within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case. Release of the Petitioner No.1 shall be subject to the verification of criminal antecedents. In the event it is found that the Petitioner No.1 is having more than three criminal antecedents, this order shall not be given effect to.

¶20

Additionally, the Petitioner No.1 shall furnish a cash security of Rs.4000/- (Rupees Four thousand) before the learned court in seisin over the matter, and shall be kept in any Nationalised Bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case,

¶21

However, on the submission of the learned counsel, the Petitioner Nos.3 & 5 are given liberty to surrender before the learned J.M.F.C., Konark in G.R.Case No.450 of 2024 arising out of Gop P.S.Case No.230 of 2024 in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider their application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner Nos.3 & 5 may move for bail before the higher forum in

¶22

Page 2 of 3 .

¶23

the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner Nos. 3 & 5 on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable. .

¶24

7 Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

¶25

The ABLAPL is accordingly disposed of.

¶26

Issue urgent certified copy of this order as per Rules.

¶27

( ADITYA KUMAR MOHAPATRA) JUDGE

¶28

RKS

¶29

Signature Not Verified

¶30

Page Signature Not Verified 3 of 3 . Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 10-Sep-2024 17:37:29

Jayananda Biswal v. State of Odisha

Case brief

What is this about?

What the court decided

Jayananda Biswal v. State of Odisha

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sudhansu @ Sudhanshu Sekhar Rana Vs State of Odisha(Vig.)

Rajesh Sahoo Vs State of Odisha

Rajat Kumar Patra Vs State of Odisha

Manmohan Padhan Vs State of Odisha

Jyoti Ranjan Pattanaik Vs State of Odisha

Kshetish Kumar Nayak Vs State of Odisha