Suvendu Kumar Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1712 of 2022 Suvendu Kumar Barik ....

Petitioner Mr.Arijeet Mishra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

03.03.2022 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 G.R. Case No.1010 of 2019 arising out of Kendrapara Sadar P.S. Case No.189 of 2019 pending in the Court of learned S.D.J.M., Kendrapara for alleged commission of offences under sections 341/307/120-B/34 of the Indian Penal Code read with sections 25 and 27 of the Arms Act. Perused the F.I.R.

Learned counsel for the petitioner submitted that some of the co-accused persons have been released on bail and the petitioner may be permitted to surrender in the learned Court below and move for bail and claim of

// 2 // parity may be taken into account.

Learned counsel for the State has no objection. In view of the nature and gravity of the accusation against the petitioner, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders in the Court below within a period of four weeks from today and moves 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 coaccused 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