Panu @ Pranabandhu Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5519 of 2022 Panu @ Pranabandhu Sahu ....

Petitioner Mr. D.K. Sahoo-1, Advocate -versusState of Odisha ....

Opp. Party Mr. P.c. Das. A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

03.08.2022 02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

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

3.

The petitioner is apprehending arrest for the alleged commission of offence under Sections 307, I.P.C. initially and subsequently turned to one under Section 302, I.P.C. in G.R. Case No.554 of 2022 of the court of the learned S.D.J.M., Angul, arising out of Bantala P.S. Case No.129 of 2022.

4.

It is submitted by leaned counsel for the petitioner that another co-accused, namely, Priyadarshan Sahu, on similar footing with the present petitioner, has already been released on bail. Further, it is submitted by learned counsel for the petitioner that no evidence is forthcoming as to who had assaulted the deceased, place of occurrence and in what manner.

5.

Considering the facts of the case, this Court is not inclined to

// 2 // grant anticipatory bail to the petitioner.

6.

However, on the submission of the learned counsel, the petitioner is given liberty to surrender before the learned S.D.J.M., Angul in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

7.

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the petitioner, if applied for.

8.

The ABLAPL is accordingly disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu