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Orissa High CourtABLAPL/6387/2022disposed off

Buna Achary @ Sachikant Sahoo v. State Of Odisha

2022-09-22Mr. Justice S.Pujahari2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6387 of 2022 Buna Achary @ Sachikant Sahoo ....

Petitioner -versusState of Odisha ....

Opposite Party CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

22.09.2022 02.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner apprehending his arrest in Odagaon P.S. Case No.090 of 2021, corresponding to G.R. Case No.174 of 2021, pending in the Court of J.M.F.C., Odagaon, registered for alleged commission of offences punishable under Sections 341,294, 324, 379 and 307 of the I.P.C., has filed this petition for his release on pre-arrest bail. But, in the meanwhile, charge sheet under Sections 294, 341, 324, 326, 307, 392 read with Section 34 of the I.P.C. has been filed against him. 3.

Heard the learned counsel for the Petitioner and the learned counsel for the State-Opposite Party. 4.

Learned counsel for the Petitioner during course of argument submits that he does not want to press this petition for pre-arrest bail. But, it is submitted that as the Petitioner intends to surrender and move for bail before the court below, direction

// 2 // may be given to the court below to dispose of the bail application of the Petitioner on the same day. 5.

Considering the submissions made, this Court dispose of this ABLAPL with an observation that if the Petitioner surrenders before the Court in seisin over the matter within six weeks hence and moves for bail, the Court in seisin over the matter shall consider and dispose of his bail application on its own merit on the same day taking note of the law laid down by the Apex Court in the case of Satender Kumar Antil v. Central Bureau of Investigation & Anr., reported in 2021 (II) OLR (SC) - 981 and Satender Kumar Antil v. Central Bureau of Investigation & Anr. (Miscellaneous Application No.1849 of 2021 in Special Leave Petition (Crl.) No.5191 of 2021 decided on 11th July, 2022).

6.

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

(S. Pujahari) Judge DA