Puni Thela @ Manju Thela v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.6283 of 2022
1. Puni Thela @ Manju Thela
2. Buduni @ Budhani Thela @ Kuni Hati
3. Bairi Chandan @ Prem Chandan
4. Pinki Chandan @ Belmati Chandan
5. Basu Chandan @Basudev Chandan
6. Kunu Chandan
7. Mukesh Chandan ....
Petitioners Mr. P. K.Nayak, Advocate -versusState of Odisha ....
Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
29.06.2022 01.
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioners and learned counsel for the State.
This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Kantabanji P.S. Case No.328 of 2021 corresponding to G.R. Case No.666 of 2021 pending in the Court of
// 2 // learned J.M.F.C., Kantabanji for alleged commission of offences under sections 143, 294,325, 354,307, 457 and 149 of the Indian Penal Code.
Learned counsel for the petitioners submitted that one of the co-accused was taken into custody and he has already been released on bail and the petitioners may be permitted to surrender in the Court below and move for bail and the claim of parity with the co-accused released on bail may be taken into account while adjudicating the bail application.
Considering the submissions made by the learned counsel for the respective parties, while not inclining to grant anticipatory bail to the petitioners, I direct that in the event the petitioners surrender and move for bail before the learned Court below within a period of four weeks from today, the same shall be considered in accordance with law expeditiously by the learned Courts below and while disposing of the bail application, the learned Courts below shall consider the claim of parity with the co-accused persons, who are stated to have been released on bail. The case records shall be made available to the Court concerned.
The ABLAPL stands disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge P