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Orissa High CourtABLAPL/2992/2022disposed off

Kishore Pangi v. State Of Odisha

2022-04-20Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2992 of 2022 Kishore Pangi ....

Petitioner Mr.C. Pradhan, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

20.04.2022 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 Sunabeda P.S. Case No. 146 of 2021 corresponding to G.R. Case No. 747 of 2021 pending in the Court of learned S.D.J.M., Koraput for the commission of the alleged offences punishable under sections 294, 307, 326, 506/34 of the Indian Penal Code.

Perused the F.I.R. annexed to the anticipatory bail application.

Learned counsel for the petitioner submitted that the petitioner has not been named in the F.I.R. as an accused and the co-accused Kanhu Pangi, who has been named in the

// 2 // F.I.R., has been taken into custody and subsequently he has been released on bail and therefore, the anticipatory bail application of the petitioner may be favourbly considered. Learned counsel for the State opposed the prayer for anticipatory bail.

In view of the aforesaid submission, 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 Court below shall dispose of the same in accordance with law expeditiously and the claim of parity with the release of the co-accused stated to have been released on bail shall be taken into account. The case records shall be made available to the Court concerned for disposal of the bail application.

The ABLAPL stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo