Milu @ Ramesh Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1348 of 2022 Milu @ Ramesh Bhoi ....

Petitioner Mr.D.R. Mishra, Advocate -versusState of Odisha ....

Opp. Party Mr.J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

16.02.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical 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 Madanpur Rampur P.S. Case No.169 of 2021 pending in the Court of learned J.M.F.C., Madanpur Rampur for alleged commission of offences under section 395 of the Indian Penal Code read with sections 25 and 27 of the Arms Act.

Learned counsel for the petitioner submits that some of the co-accused persons have already been

// 2 // released on bail and the petitioner may be permitted to surrender in the Court below and move for bail and the claim of parity may be taken into account while adjudicating the bail application.

In view of available material on record and since it is a case under section 395 of the Indian Penal Code, while not inclining to grant anticipatory bail to the petitioner, I direct that in the event petitioner surrenders 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 in accordance with law and if any co-accused has been released on bail in the meantime, the claim of parity shall be taken into account. The case diary be made available before the Court concerned for disposal of the case.

The ABLAPL stands disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge P