Punia Naik @ Purna Chandra Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2818 of 2020 Punia Naik @ Purna Chandra Naik ....

Petitioner Mr.Anirudha Das, Advocate -versusState of Odisha ....

Opposite Party Mr. D.R. Parida, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

24.02.2022 Order No.

03.

1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2.

The Petitioner having been implicated in connection with Dhenkanal Sadar P.S. Case No.250 of 2016 corresponding to G.R. No.746 of 2016 pending in the court of the learned S.D.J.M., Dhenkanal for alleged commission of offence under sections 458/395/397, I.P.C. read with section 25/27 of the Arms Act & section 9 (B) of the Explosive Substances Act has filed this application under section 438 of Cr.P.C. for grant of bail in the event of his arrest in the said case.

3.

Heard learned counsel for the Petitioner and learned counsel for the State.

4.

Considering the submissions made and on going through the materials as placed as also taking into account the surrounding circumstances, while being not inclined to grant of anticipatory bail to the Petitioner, this application stands

// 2 // disposed of with the observation that in the event the Petitioner surrenders before the court in seisin of the aforesaid case and moves for his release on bail, the same shall be considered on its own merit; further taking into account the factum of release of co-accused person(s) on bail, if similarly situated with the Petitioner on the ground of parity, as per law and disposed of early in accordance with law so as to enable the Petitioner to approach the next higher forum early in case necessity so arises. The case record be made available at the cost of the Petitioner. 5.

The ABLAPL is accordingly dismissed.

Interim order passed on 19.03.2020 does no more survive.

6.

Issue urgent certified copy as per rules.

(D. Dash) Judge