) Sudarsan Muduli @ vs State Of Odisha ..... Opposite Party
2024 Latest Caselaw 16762 Ori

Orissa High Court

) Sudarsan Muduli @ vs State Of Odisha ..... Opposite Party on 18 November, 2024

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             ABLAPL No.10737 of 2024
            1) Sudarsan Muduli @           .....     Petitioners
            Sudarshan Muduli
            2) Kailash Chandra Muduli @ Kailash            Represented By Adv. -
            Muduli @ Kailas Muduli                         Siddharth Goutam Das
            3) Gouri Muduli @ Gauri Muduli
            4) Lili Muduli

                                            -versus-
            State Of Odisha                        .....         Opposite Party
                                                           Represented By Adv. -
                                                           Shiva Mohanty, A.S.C.

                                  CORAM:
                    THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                MOHAPATRA

                                           ORDER

18.11.2024

Order No.

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

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioners are apprehending arrest for the alleged commission of offence under Sections 313/323/34/498-A/506 of I.P.C. read with Section 4 of D.P. Act in G.R. Case No.337 of 2023 of the Court of the learned J.M.F.C., Nimapada, arising out of Charichhaka P.S. Case No.41 of 2023.

4. It is stated by learned counsel for the Petitioners that the present case arises out of a matrimonial dispute between the Petitioner No.1-husband and the wife-informant. He further

contended that in-laws family members have been falsely implicated in the present case. He further submitted that the Petitioner No.1 is the husband and the Petitioner Nos.2, 3 are parents-in-law and the Petitioner No.4 is the sister-in-law of the informant. Referring to the judgment of the Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 SCC 273, learned counsel for the Petitioners submitted that the in-laws family members have no role in the alleged crime, therefore, they are entitled to be released on pre-arrest bail. He further contended that against the petitioner Nos.2, 3 and 4 there is no specific allegation for commission of any overt act.

5. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioners. However, on the submission of the learned counsel, the Petitioner No.1 is given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his 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 No.1 may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner No.1 on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

6. Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner No.1, if applied for.

7. So far the Petitioner Nos.2, 3 and 4 are concerned, the

Arresting Officer is directed to follow the procedure of Section 35(3)(4)(5) of B.N.S.S., 2023 in respect of the Petitioner Nos.2, 3 and

8. The ABLAPL is accordingly disposed of.

9. Issue urgent certified copy of the order as per Rules.

( A.K Mohapatra ) Judge Anil

Location: High Court of Orissa