Sanjaya Kumar Panda Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Sanjaya Kumar Panda Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail application disposed of with directions (following the Court's earlier order in Pramod Kumar Ray v. State of Odisha, (2017) 67 OCR 309): surrender within three weeks; service of bail-application copies on the Public Prosecutor/Special Public Prosecutor seven days before surrender for notice to the Victim/Informant; release on interim bail on the day of surrender pending disposal on merits, subject to conditions (weekly reporting to the I.O.; no threatening, inducing or coercing witnesses or the Victim; no involvement in similar or other offences); matter to be considered and disposed of on merits within two weeks of the Victim/Informant's appearance.

Issue for consideration

Whether pre-arrest (anticipatory) bail should be granted to the Petitioners in connection with C.T. Case No.5 of 2025 pending before the learned SC & ST Court, Cuttack, arising out of Bhadreswar P.S. Case No.189 of 2024.

Court's answer

The Petitioners shall surrender before the learned Court in seisin in the aforesaid case within three weeks from today.

Ratio / Principle

Seven days before surrender, the Petitioners or their counsel shall serve a copy (or such number of copies as required) of the bail application on the learned Public Prosecutor/Special Public Prosecutor for the purpose of notice to the Victim and/or Informant.

Key takeaways

Taking into consideration the nature of the offence alleged, the Petitioners shall be released on interim bail by the learned Court in seisin on the same day they surrender, pending disposal of the bail application on merit, on terms and conditions deemed just and proper.ratio¶¶22
Condition (I): the Petitioners shall appear before the I.O. once in a week on the date and time fixed by the I.O. until further order by the learned Court in seisin.ratio¶¶23

Detailed headnote1 paragraphs

Anticipatory bail — High Court of Orissa at Cuttack, ABLAPL No. 1558 of 2025 (Justice V. Narasingh, 13.02.2025). Seeking pre-arrest bail for Sanjaya Kumar Panda and Dhananjaya Panda in C.T. Case No.5 of 2025 (SC & ST Court, Cuttack) arising out of Bhadreswar P.S. Case No.189 of 2024, alleging offences punishable under Sections 296/115(2)/351(3)/3(5) of BNS, 2023 read with Section 3(1)(r)/3(2)(va) of the SC and ST (POA) Act, the Court, following its earlier order in Pramod Kumar Ray and others v. State of Odisha, (2017) 67 OCR 309, disposed of the application with directions: surrender before the Court in seisin within three weeks; service of copies of the bail application on the Public Prosecutor/Special Public Prosecutor seven days before surrender for notice to the Victim/Informant; release on interim bail on the day of surrender pending disposal of the bail application on merit, subject to conditions of weekly appearance before the I.O., non-threatening/inducing/coercing of witnesses or the Victim, and abstention from similar or other offences; and consideration and disposal of the matter on its own merits within two weeks of the appearance of the Victim and/or Informant.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1558 of 2025

1. Sanjaya Kumar Panda

Petitioners

2. Dhananjaya Panda

Mr. A.Ch. Mohapatra, Advocate

-versus-

1. Sate of Odisha 2. Urmila Sethi

…. Opposite Parties

Mr. R.B. Dash, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

13.02.2025

Order No.

01.

Heard learned counsel for the Petitioners and learned counsel for the State.

The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.5 of 2025 pending on the file of learned SC & ST Court, Cuttack, arising out of Bhadreswar P.S. Case No.189 of 2024 for commission of offence punishable under Sections 296/115(2)/351(3)/3(5) of BNS, 2023 read with Section 3(1)(r)/3(2)(va) of SC and ST (POA) Act.

In the light of the order passed by this Court in the case of Pramod Kumar Ray and others Vrs. State of Odisha , (2017) 67 OCR 309 , this

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ABLAPL is disposed of with the following observations.

The Petitioners shall surrender before the learned Court in seisin in the aforesaid case within three weeks from today. Seven days before the surrender of the Petitioners before the said Court, the Petitioners or their counsel shall serve a copy of the bail application or such number of copies of the bail application on the learned Public Prosecutor/Special Public Prosecutor, as required by him, for the purpose of notice to the Victim and/or Informant.

Taking into consideration the nature of the offence as alleged against the Petitioners, it is directed that the Petitioners shall be released on interim bail by the learned Court in seisin, on the same day they surrender in the aforesaid case, pending disposal of the bail application on merit, on such terms and conditions as deemed just and proper including the following conditions:-

I) The Petitioners shall appear before the I.O. once in a week on the date and time fixed by the said I.O. until further order by the learned Court in seisin;

II) The Petitioners shall not threaten, induce or coerce any witnesses of this case or the Victim; and

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III) The Petitioners shall not involve himself in similar or any other offence during currency of this order.

Within two weeks of appearance of the Victim and/or Informant, the matter shall be considered and disposed of on its own merits.

The ABLAPL accordingly stands disposed of.

(V. NARASINGH) Judge

Ayesha

Signature Not Verified

Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 14-Feb-2025 11:10:16

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