Munu Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.290 of 2022 Munu Mohanty ....

Petitioner Mr.B.B. Mohapatra, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

31.01.2022 01.

This matter is taken up by video conferencing mode. Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No.1177 of 2021 arising out of Paradeep Lock P.S. Case No.301 of 2021 pending in the Court of learned J.M.F.C. (P), Kujanga for alleged commission of offences under sections 457 and 380 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioner submits that the F.I.R. has been lodged against unknown persons and during the course of investigation, the co-accused Tripath Pattnaik was taken into custody and he has already been released on bail by the learned Court of Session.

Learned counsel for the State submits that he has no instruction about the criminal antecedent(s) against the

// 2 // petitioner.

Considering the submissions of the learned counsel for the respective parties, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders in the Court below and moves for bail before the learned Court below within a period of four weeks from today, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law and the claim of parity with the co-accused, who are stated to have been enlarged on bail, shall be taken into account at the time of adjudication of the bail application. The case records shall be made available to the Court concerned.

The ABLAPL is accordingly disposed of.

Parties may utilize the 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 Office Order dated 7th January 2022.

( S.K. Sahoo) Judge PKSahoo