Assaf Ali Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3311 of 2022 Assaf Ali Khan ....

Petitioner Mr. B.K. Sharma, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

18.05.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No.580 of 2022 arising out of Jujumura P.S. Case No.28 of 2022 pending in the Court of learned S.D.J.M., Sambalpur for alleged commission of offences under sections 341/307/506/ 171-E/34 of the Indian Penal Code, sections 25/27 of the Arms Act and section 44(N)(2) of the Odisha Panchayat Samiti Act, 1959.

Perused the F.I.R.

// 2 // Learned counsel for the State on instruction submitted that the petitioner is having three criminal antecedents.

In view of such criminal antecedents, while not inclining to release the petitioner on anticipatory bail, it is observed that in the event the petitioner surrenders and moves for bail in the Court below within a period of four weeks from today, 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.

The interim order dated 10.05.2022 stands vacated.

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

( S.K. Sahoo) Judge RKM