Bilas Naik And Others vs State Of Odisha
2023 Latest Caselaw 5063 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRLMC No.1283 of 2023

             Bilas Naik and others                   ....        Petitioners


                                                   Mr. D. Dash
                                                   Advocate

                                        -versus-
             State of Odisha                         ....        Opposite Party

                                                 Mr.S.K.Mishra
                                                Addl. Standing Counsel
             CORAM:

                      JUSTICE SASHIKANTA MISHRA


                                       ORDER

03.5.2023.

Order No.

5. 1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State.

3. The Petitioners are family members of the victim. Charge sheet was submitted against them under Sections 294/506/34 of I.P.C. and for other offences against the co-accused Narendra Naik. The said Narendra Naik has in the mean time been acquitted of his charges by judgment passed on 19th July, 2022. Because of non-appearance, the case record was split up by order dated 18th August, 2021. However, it appears from the

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charge sheet that in so far as the present Petitioners are concerned, notice under Section 41-A was issued during investigation. It is submitted that the Petitioners did not appear since no summon was issued to them. Summons have been received by them only recently.

4. Taking into consideration all the above facts, the Petitioners are at liberty to appear before the Court below pursuant to such summons and to move for bail. If such application is filed, the Court below shall consider the same in accordance with law taking note of the fact that charge sheet has been submitted against the Petitioner only under Sections 294/506/34 of I.P.C. and that Section 41-A was complied with during investigation.

5. List this matter on 21st June, 2023.

(Sashikanta Mishra) Judge AKB

ASHOK KUMAR Digitally signed by ASHOK KUMAR BEHERA BEHERA Date: 2023.05.03 17:41:41 +05'30'