Santosh Kumar Das v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL NO.7274 OF 2020 Santosh Kumar Das & Three Others ....
Petitioners Mr.S.K. Mishra, Advocate -versusState of Odisha ....
Opposite Party Mr.D.R. Parida, ASC.
CORAM:
MR. JUSTICE D.DASH
ORDER
04.04.2022 03.
1.
This matter is taken up though hybrid arrangement Order No.
(physical/ virtual) mode.
2.
The ABLAPL in so far as the Petitioner No.1 is concerned, having been dismissed as not pressed by oder dated 14.07.2020; it now stands confined to Petitioner Nos. 2 to 4, hereinafter referred to as 'the Petitioners'. 3.
The Petitioners having been implicated in Jashipur P.S. Case No.90 of 2020 corresponding to C.T. Case No.340 of 2020 for alleged commission of offence under section406/409/420/468/471/120-B/34 of the IPC, pending on the file of learned S.D.J.M., Karanjia, have filed this application under section 438 of the Cr.P.C. for their grant of anticipatory bail in the event of their arrest in the above mentioned case. 3.
Heard learned counsel for the Petitioners and learned counsel for the State.
// 2 // 4.
Considering the submissions and viewing the materials on record as also other surrounding circumstances, while being not inclined to grant of anticipatory bail to the Petitioners, this application is disposed of with the observation that in the event the Petitioners surrender before the Court in seisin of the aforesaid case and move for their release on bail, the same shall be considered on its own merit; further taking into account the factum of release of co-accused person(s) on bail, if similarly situated with the Petitioners on the ground of parity, as per law and disposed of early in accordance with law so as to enable the Petitioners to approach the next higher forum early in case necessity so arises.
The case record be made available at the cost of the Petitioner.
Interim order passed on 14.07.2020 stands vacated 5.
The ABLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
(D. Dash), Judge.
Narayan