Madhabananda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2298 of 2022 Madhabananda Sahoo ....

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

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

30.03.2022 02.

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 Soro P.S. Case No. 33 of 2022 corresponding to C.T. Case No.69 of 2022 pending in the Court of learned J.M.F.C.,Soro for the commission of the alleged offence punishable under section 52(a) of Odisha Excise Act.

Learned counsel for the State has produced the instruction received from the Inspector in-charge of Soro police station which indicates that there is one criminal antecedent, i.e. Soro P.S. Case no. 437 dated

// 2 // 16.11.2021 under section 52(a) of Odisha Excise Act. The instruction obtained by the learned counsel for the State is taken on record.

Considering the submissions made by the learned counsel for the respective parties, while not inclining to grant anticipatory bail to the petitioner, liberty is granted to the petitioner to surrender and move for bail in the Court below within a period of four weeks from today in the event of which the learned Courts below shall dispose of the same in accordance with law and the claim of parity with the co-accused persons 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.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo