Citation : 2024 Latest Caselaw 10131 Ori
Judgement Date : 18 June, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.5810 of 2024
Chandan Singh ..... Petitioner
Represented By Adv. -
Satya Ranjan Mulia
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
Mr. S.S. Mohapatra,
ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
18.06.2024 Order No.
01. 1. This matter is taken up through Hybrid mode.
2. The present application has been filed under Section 438 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Bheden P.S. Case No.52 of 2023, corresponding to G.R. Case No.48 of 2023, pending in the court of learned J.M.F.C., Bheden, for alleged commission of offences punishable under Section 406 of I.P.C.
3. Considering the nature of allegation made in the FIR and the Section under which the accused is likely to be punished in the event of conviction, the same comes under Section 41-A of Cr.P.C. In view of the judgment of Hon'ble Supreme Court in Satender Kumar Antil
v. Central Bureau of Investigation and another reported in 2022 LiveLaw (SC) 577, the Arresting Officer is directed to follow the procedure of 41-A of Cr.P.C.
4. With the aforesaid submission, the ABLAPL is disposed of.
( A.K. Mohapatra ) Judge
S.K. Rout
Location: High Court of Orissa, Cuttack
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