Chhabi Malik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1916 of 2022 Chhabi Malik ....

Petitioner Mr.S.R. Subudhi, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

08.03.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard the learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Jenapur P.S. Case No. 209 of 2018 corresponding to C.T. Case No. 1038 of 2018 pending in the Court of learned J.M.F.C., Chandikhole for the commission of the alleged offences punishable under sections 147, 148, 379, 506, 149 of the Indian Penal Code read with sections 3 and 4 of the Explosive Substances Act 1908.

Learned counsel for the petitioner submits that

// 2 // some of the co-accused persons have already been 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.

Learned counsel for the State has no objection to such prayer.

Considering the submissions made by the learned counsel for the petitioner, 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 learned Court below shall dispose of the same in accordance with law expeditiously and the claim of parity with the co-accused, who are stated to have been released on bail, shall be taken into account. The case records shall be made available to the Courts concerned for disposal of the bail application.

The ABLAPL stands disposed of.

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

( S.K. Sahoo) Judge P