Jitu @ Jitendra Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.5052 OF 2020 ....

Petitioners Jitu @ Jitendra Jena & Seven Others Mr.A.K. Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. S.K. Nayak, AGA.

CORAM:

MR. JUSTICE D.DASH

ORDER

15.03.2022 Order No.

04.

1.

This matter is taken up through hybrid arrangement (virtual/ physical) mode.

2.

Heard learned counsel for the Petitioners and learned counsel for the State.

3.

Considering the submissions and on going through the nature of accusations; further keeping in view the surrounding circumstances of the case as also concerning the Petitioner Nos. 1, 2 and 4 to 8 in the absence of any other impediment, it is directed that in the event the Petitioner Nos. 1, 2 and 4 to 8 surrender before the Court in seisin of the case in connection with Marsaghai P.S. Case No.104 of 2020 corresponding to G.R. Case No.533 of 2020 pending on the file of learned S.D.J.M., Kendrapara, within three weeks hence and move for their release on bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the said Court.

In so far as Petitioner No. 3 is concerned, while being not inclined to grant of anticipatory bail to him, this application is disposed of with the observation that in the event said Petitioner surrenders before the Court in seisin of the aforesaid case and moves for his release on bail, the same shall be considered on its

// 2 // own merit and disposed of early in accordance with law so as to enable him to approach the next higher forum early in case necessity so arises.

The case record be made available at the cost of the Petitioner No.3.

4.

The ABLAPL is accordingly disposed of.

Interim order passed on 18.05.2020 does no more survive till in respect of Petitioner No.3.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan