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Orissa High CourtABLAPL/6286/2022disposed off

Ramesh Parida v. State Of Odisha

2022-06-29Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6286 of 2022

1. Ramesh Parida

2. Umesh Parida

3. Gadadhar Parida

4. Ranjit Behera

5. Satyajit Behera ....

Petitioners Mr.P.K. Deo, 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 Jajpur Sadar (Baruhan) P.S. Case No.58 of 2022 corresponding to C.T. Case No.347 of 2022 pending in the Court of learned S.D.J.M., Jajpur for alleged commission of offences under sections 448, 379, 353, 427 and 34 of the Indian Penal Code

// 2 // read with section 29(a) (a) of G.P. Act.

Learned counsel for the petitioners submitted that some of the co-accused persons were taken into custody and they have 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

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