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2024 Supreme(Ori) 15

ARINDAM SINHA, M. S. SAHOO
Bipin Bihari Behera – Appellant
Versus
State of Odisha – Respondent


Advocates:
Mr. S.K. Baral, Advocate, for the Petitioner; Mr. A.K. Nanda, AGA, for the Opposite Parties

JUDGMENT

Arindam Sinha, J.

Two sons of petitioner are in jail custody following order made by the competent Court for their detention on and from 17th March, 2024. The writ petition carrying prayer for issuance of habeas corpus was presented on 16th April, 2024. Petitioner's case is, his sons were picked up on 12th March, 2024 by personnel from Chhendipada P.S. They were in illegal police custody since then. They could not have committed alleged offence under sections 399 and 402 of Indian Penal Code, 1860 as on the intervening night of 16th and 17th March, 2024. Sons of petitioner along with seven others were allegedly picked up by the police on said intervening night. We reproduce paragraph-4 from our order made, upon the writ moved on 24th April, 2024.

    '4. It appears from FIR registered on 17th March, 2024 by the SI of Chhendipada PS that, inter alia, said opposite party nos.5 and 6 were picked up in the intervening night of 16th and 17th March, 2024 on being approached by the authorized police party along with witnesses. The SI heard the persons discussing their plan in committing highway dacoity. Considering petitioner's allegations that said opposite parties were, since prior to

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