Sanjay Kumar Jena v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 5270 of 2022 Sanjay Kumar Jena ....
Petitioner Mr. Mahimananda Swain, Advocate -versusState of Odisha ....
Opposite Party Mr. S.Ghose, ASC
CORAM:
JUSTICE V.NARASINGH
ORDER
7.06.2022 01.
1.
This matter is taken up through hybrid mode.
Order No.
2.
Mr. Rama Chandra Ray, learned counsel and his associate have entered appearance on behalf of the informant by filing Vakalatnama. The same be kept on record. 3.
Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. 4.
The petitioner is seeking pre-arrest bail in connection with C.T. Case No. 597 of 2022 arising out of Balichandrapur P.S. Case No. 160 of 2022 pending in the Court of learned JMFC, Chandikhol, for commission of offence punishable under Sections 323/506/354/354-B/376/511/34 of the I.P.C. 5.
On a conspectus of materials on record, ABLAPL is disposed of with the observation that the petitioner, if so
// 2 // advised, may surrender before the learned JMFC, Chandikhol in the above noted case within 15 days (Fifteen) days from today. 6.
In the event of his surrender and motion for bail, the application for bail shall be considered by the learned JMFC, Chandikhol 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 JMFC, Chandikhol, the petitioner is at liberty to move the higher forum for bail in the second hour on the same day. 7.
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. The Case Diary be made available to the concerned courts to facilitate disposal of the bail application of the petitioner, and learned JMFC, Chandikhol 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. 8.
Accordingly, the ABLAPL stands disposed of.
9.
Urgent certified copy of this order be granted as per rules. V.Narasingh Dhal (Vacation Judge)