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Orissa High CourtABLAPL/2623/2022disposed off

Debendra Jena v. State Of Odisha

2022-04-06Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2623 of 2022

1. Debendra Jena

2. Chintamani Jena

3. Nabakishor Dhal

4. Bichitrananda Dhal

5. Pabitramohan Dhal

6. Sachitramohan Dhal

7. Jibanjyoti Jena

8. Ajit Sahu

9. Amarjit Sahu

10. Jibanjyoti Jena

11. Somanatha Sahu

12. Rupam Dhal

13. Pragnyadeepta Sahu

14. Apurba Kumar Sahu

15. Bikram Kumar Jena

16. Benudhar Bhuyan

17. Sasanka Kumar Dhal

18. Suresh Kumar Dhal

19. Subrat Dhal

20. Biraja Dhal

21. Kedar Dhal

22. Amina Das ....

Petitioners Mr. P. Swain, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

06.04.2022 01.

This matter is taken up through Hybrid arrangement

// 2 // (video conferencing/physical mode).

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

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Nihalprasad P.S. Case No.58 of 2022 corresponding to G.R. Case No.103 of 2022 pending in the Court of learned J.M.F.C., Gondia for commission of the alleged offences punishable under sections 147/148/380/307/353/332/333/427/149 of the Indian Penal Code read with section 135 of the Representation of People Act, 1957.

Perused the first information report annexed to the anticipatory bail application.

Learned counsel for the petitioners submitted that five persons were taken into custody in connection with this case and they have already been released on bail. Considering the submission made by the learned counsel for the petitioners, while not inclining to release the petitioners on anticipatory bail, it is observed that in the event the petitioners surrender in the Court below within a period of four weeks from today and move for bail, 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.

// 3 // Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM