Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.547 of 2025 Sk. Mehafuz Ali ..... Petitioner
Represented By Adv. – Mr. Imran Khan -versus- State Of Odisha ..... Opposite Party
Represented By Adv. – Mr. U.C. Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 17.01.2025
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party- State.
3. The present application has been filed under Section 438 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Tirtol P.S. Case No.142 of 2017, corresponding to G.R. Case No.425 of 2017, pending in the court of learned J.M.F.C., Tirtol, for alleged commission of offences punishable under Sections 498(A)/341/323/307/294/506/406 of the I.P.C.
4. It is stated by the learned counsel for the Petitioner that earlier the Petitioner had approached this Court by filing ABLAPL No.7049 of 2017, which was disposed of on 03.08.2017 directing the Petitioner to surrender before the court
Page 2 of 2. below and move an application for bail with corresponding direction court below to release the Petitioner on bail subject to such terms and conditions as would be deem just and proper.
Learned counsel for the Petitioner further contended that due to non-communication gap, there was a delay in surrendering. He further contended that in the order dated 03.08.2017, the G.R. Case has been wrongly mentioned as “428 of 2017” instead of
“425 of 2017”. He further contended that in the meantime, the case has been transferred from the court of learned S.D.J.M., Jagatsinghpur to the court of learned J.M.F.C., Tirtol.
5. Taking into consideration the aforesaid facts, the Petitioner is directed to surrenders before the Court in seisin over the matter within a period of four weeks from today and moves an application for bail. In such event, the Court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case. Further, it is made clear that violation of any of the conditions shall entail cancellation of bail.
6. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( Aditya Kumar Mohapatra)
Judge Debasis