Haris Chandra Behera @ Khasua Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.3470 OF 2020 Haris Chandra Behera @ Khasua Behera ....

Petitioner Mr.J. Kamila, Advocate -versusState of Odisha ....

Opposite Party Mr. D.R. Parida, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

04.03.2022 03.

1.

This matter is taken up by hybrid arranged Order No.

(virtual/physical) mode.

2.

The Petitioner having been implicated in connection with Baliapal P.S. Case No.49 of 2020 corresponding to C.T. Case No.232 of 2020 pending on the file of learned J.M.F.C., Basta, running for alleged commission of offence under Section 341/323/294/506/307 of the IPC, has filed this application under Section-438 of the Cr.P.C. for his release on bail in the above mentioned 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 on record, as also the surrounding circumstances; while being not inclined to grant anticipatory bail to the Petitioner; it is observed that in the event the Petitioner surrenders before the Court in seisin of the aforesaid

// 2 // 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 on bail, if similarly situated with the Petitioner on the ground of parity, as per law and disposed of in accordance with law during the first hour of the day without being prejudiced by this order so as to enable the Petitioner to approach the next higher forum during the course of the day, in case necessity so arises unless there stands any legal impediment.

The case records be made available at the cost of the Petitioner.

Interim order passed on 06.05.2020 does no more survive.

4.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Basu