Matia @ Sambit Barma v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 4019 of 2022 Mita @ Sambit Barma ....
Petitioner Mr. S.K. Baral, Advocate -versusState of Odisha ....
Opposite Party Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH
ORDER
18.05.2022 Order No.
01.
1.
This matter is taken up through hybrid mode.
2.
Heard learned counsel for the petitioner and learned counsel for the State.
3.
The petitioner is seeking pre-arrest bail in connection with G.R. Case No.269 of 2018 arising out of Banki P.S. Case No.205 of 2018 pending in the Court of learned S.D.J.M., Banki for commission of offence punishable under Sections 399/402 of the IPC read with Section 25 of Arms Act, Section 4 and 5 of Explosive Substance Act.
4.
On a conspectus of materials on record, ABLAPL is disposed of with the observation that the petitioner, if so advised, may surrender before the learned S.D.J.M., Banki, in connection
with G.R. Case No.269 of 2018 arising out of Banki P.S. Case No.205 of 2018 within 15 days (Fifteen) days from today. 5.
In the event of his surrender and motion for bail, the application for bail shall be considered by the learned S.D.J.M., Banki on merits in accordance with law, in the first hour of the day. In the event of rejection of the prayer for bail by learned S.D.J.M., Banki, the petitioner is at liberty to move the higher forum for bail in the second hour on the same day.
6.
On being so moved, the higher forum shall dispose of the bail application of the petitioner on the same day on merit in accordance with law. In that event, the Case Diary be made available to the concerned courts to facilitate disposal of the bail application of the petitioner, and learned S.D.J.M., Banki is called upon to transmit the case record to the higher forum in the second hour, in the event of rejection of the bail application by him. 7.
Ground of parity, if any, may be considered by the learned Court below on same being canvassed by learned counsel for the petitioner at the time of consideration of the bail application. 8.
Accordingly, the ABLAPL stands disposed of.
9.
Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Santoshi