Santosh Kumar Prusty@ Pintu Prusty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.130 of 2022 Santosh Kumar Prusty @ Pintu Prusty and others ....

Petitioners Mr. S.K. Lenka, Advocate -VersusState of Odisha ....

Opposite Party Mr. A.N. Das Additional Standing Counsel

CORAM:

MR. JUSTICE A.K. MOHAPATRA

ORDER

28.01.2022 Order No.

01.

1.

This matter is taken up through video conferencing mode.

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

The petitioners are apprehending arrest for the alleged commission of offence under Sections 341, 323 and 307/34 of the IPC in G.R. Case No.1487 of 2021 of the court of S.D.J.M., Jagatsinghpur, arising out of Jagatsinghpur P.S. Case No.686 of 2021.

4.

Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioners. 5.

However, on the submission of the counsel, the Petitioners are given liberty to surrender before the learned

// 2 // S.D.J.M., Jagatsinghpur in the aforesaid case in the first hour within 21 days hence and move for bail. On such event, the learned Magistrate shall consider their 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 Petitioners 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 Petitioners on the same day strictly on the basis of the materials on record by maintaining principles of parity, if applicable.

6.

Case Diary be made available to the concerned courts. Record be transmitted to the higher forum at the cost of the Petitioners, if applied for.

7.

The ABLAPL is disposed of.

8.

As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587, dated 25 March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

(A.K. Mohapatra) Judge T.TUDU

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