Prabhat Das v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1544 of 2022
1. Prabhat Das
2. Sanatan Das
3. Keshab Das
4. Bamadev Das
5. Baburam Das ....
Petitioners Mr. S.K. Nayak, Advocate -versusState of Odisha ....
Opp. Party Mr. A.K. Beura, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
23.02.2022 01.
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioners and learned counsel for the State.
This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with G.R. Case No.56 of 2022 arising out of Chandbali P.S. Case No.29 of 2022 pending in the Court of learned J.M.F.C., Chandbali for alleged commission of offences under sections 143/147/323/294/324/325/379/427/506/ 149 of the Indian Penal Code.
Perused the F.I.R.
Learned counsel for the petitioners submitted that
// 2 // similarly situated co-accused persons approached this Court in anticipatory bail vide ABLAPL No.1094 of 2022 and as per order dated 04.02.2022, they were directed to be released on bail, if they surrender before the Court below and move an application for bail.
Learned counsel for the State opposed the prayer for bail.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners, while not inclining to grant anticipatory bail to the petitioners, it is observed that in the event the petitioners surrender in the Court below within a period of four weeks from today and move for bail before the learned Court below, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law and claim of parity with the co-accused persons, who are stated to have been released 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.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo) Judge RKM