Bipin Bag v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 151 of 2022 Bipin Bag and another ....

Petitioners Mr.J.N.Panda,Advocate -versusState of Odisha ....

Opposite Party Ms.S.Sahoo, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

28.01.2022 1.

1.

This matter is taken up through Video Conferencing 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 147,148,341,323,325,307,283,332,353,379,506/149 of the Indian Penal Code read with Section 7 of Crl.Law Amendment Act, 1932 and Section 3 of P.D.P.P. Act 1984 in C.T.Case No. 2 of 2022 of the Court of the learned S.D.J.M., Bhawanipatna arising out of Bhawanipatna Town P.S..Case No.01 of 2022.

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 learned counsel, the Petitioners are given liberty to surrender before the learned S.D.J.M., Bhawanipatna in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned

// 2 // 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 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 Petitioner on the same day taking into account the criminal antecedents against the petitioners and strictly on the basis of the materials on record. 6.

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

7.

The ABLAPL is accordingly disposed of.

8.

As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, 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.

RKS ( A.K. Mohapatra ) Judge