Silu @ Manoranjan Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1734 of 2022 Silu @ Manoranjan Jena ....

Petitioner Mr.Suryakanta Dash, Advocate -versusState of Odisha ....

Opp. Party Mr.A.K. Beura, 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 C.T. Case No.1390 of 2019 arising out of Dharmasala P.S. Case No.407 of 2019 pending in the Court of learned J.M.F.C., Chandikhole for alleged commission of offences under section 427 of the Indian Penal Code read with section 9B of the Explosive Act, 1884.

Perused the F.I.R.

Learned counsel for the petitioner submitted that the first information report was lodged against unknown persons and during course of investigation, three persons were taken into custody and produced in Court and they

// 2 // have already been released on bail and in the meantime, investigation has been completed and non-bailable warrant of arrest has been issued against the petitioner and the involvement of the petitioner is based on the confessional statement of co-accused before police and therefore, the anticipatory bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, while not inclining to release the petitioner on anticipatory bail, it is observed that in the event the petitioner surrenders and moves for bail in the 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 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