Bharat Swain v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.6178 of 2022
1. Bharat Swain
2. Kalandi Barik
3. Patia Swain @ Pratap Swain
4. Pratap Swain @ Pratap Kumar Swain
5. Kalia Swain @ Kalandi Swain
6. Santa Parida @ Santosh Parida
7. Bhaskar Pradhan
8. Ajaya Swain
9. Jogi Behera @ Jogendra Behera
10. Naba Nayak @ Nabaghana Nayak
11. Nibacha Sahoo @ Nibash Sahoo ....
Petitioners Mr.L.Mohapatra, Advocate -versusState of Odisha ....
Opp. Party Mrs.Susamarani Sahoo, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
28.06.2022 01.
This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard the learned counsel for the petitioners
// 2 // and learned counsel for the State.
This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Mancheswar P.S. Case No.58 of 2005 corresponding to G.R. Case No.994 of 2005 pending in the Court of learned S.D.J.M., Bhubaneswar for commission of the alleged offences punishable under sections 147/148/323/324/307/ 427/149 of the Indian Penal Code.
Perused the first information report annexed to the anticipatory bail application.
Since it is a case of the year 2005 in which charge sheet has already been submitted since 03.07.2005 showing the petitioner as absconder and the petitioner approached this Court seventeen years after the lodging of the F.I.R., while not inclining to release the petitioners on anticipatory bail, it is observed that in the event the petitioners surrender in the Court below within a period of four weeks from today and move for bail, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law and claim of parity with the coaccused persons, who are stated to have been released on bail, shall be taken into account at the time of adjudication of the bail application. The case records shall be made available to the Court concerned.
// 3 // The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo) Judge RKM