Harekrushna Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.5038 OF 2020 Harekrushna Jena & Six Others ....

Petitioners Mr.J. K. Majhi, Advocate -versusState of Odisha ....

Opposite Party Mr. S.K. Nayak, AGA, Mr. A.K. Nath, Adv. (Informant).

CORAM:

MR. JUSTICE D.DASH

ORDER

15.03.2022 03.

1.

This matter is taken up through hybrid arrangement Order No.

(physical/ virtual) mode.

2.

The Petitioner having been implicated in connection with Basta P.S. Case No.105 of 2020 corresponding to C.T. Case No.612 of 2020 pending on the file of learned J.M.F.C., Basta for alleged commission of offence under section-341/323/427/379/ 354/307/294/34 of the IPC has filed this application under section438 of the Cr.P.C. for his release on bail in the event of his arrest in the above mentioned case.

3.

Heard learned Counsel for the Petitioner and learned Counsel for the State as well as learned Counsel for the Informant. 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 case within three weeks hence in the above mentioned case and moves for his release on bail, the same shall be considered on its own merit and disposed of during the first hour in

// 2 // accordance with law 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.

5.

The ABLAPL is accordingly disposed of.

Interim order passed on 18.05.2020 does no more survive. Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan