Rajendra Behera@ Talia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.855 of 2022 Rajendra Behera @ Talia ....

Petitioner Mr.D.J.Sahoo, Advocate -versusState of Odisha ....

Opp. Party Mr.P.C.Das, A.S.C..

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

26.08.2022 03.

04.

I.A.NO.1113 OF 2022 :

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel.

3.

In view of the submissions made, the order dated 08.08.2022 is hereby recalled.

4.

Accordingly, I.A. is disposed of.

( A.K. Mohapatra ) Judge ABLAPL NO.855 OF 2022 5.

Heard learned counsel for both the parties and perused the records.

6.

The Petitioner is apprehending his arrest for the alleged

// 2 // commission of offence under Section 52(A) OF Odisha Excise Act in 2(a) C.C.Case No.561 of 2021 corresponding to P.R.No.76 of 202122 of the Court of the learned S.D.J.M., Bhadrak. 7.

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

8.

However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned S.D.J.M., Bhadrak in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned 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 Petitioner 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 strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

9.

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.

10.

The ABLAPL is accordingly disposed of.

11.

Issue urgent certified copy of the order as per Rules. ( A.K. Mohapatra) Judge RKS