Asish Biswal @ Asish Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6481 of 2022

1. Asish Biswal @ Asish Sahoo

2. Dillip Swain @ Chagali Swain

3. Rajesh Sahu ....

Petitioners Ms. Aditi Hota, Advocate -versusState of Odisha ....

Opp. Party Mr. A. Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.07.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard the learned counsel for the petitioners 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 Kishorenagar P.S. Case No. 78 of 2022 corresponding to G.R. Case No. 489 of 2022 pending in the Court of learned S.D.J.M., Athamalik for the commission of the alleged offences punishable under sections 341, 353, 294, 506 and 34 of the Indian Penal Code read with sections 25 and 27 of the Arms Act.

// 2 // Perused the F.I.R. annexed to the anticipatory bail application.

Learned counsel for the petitioners submitted that some of the co-accused persons, who were taken into custody have already been released on bail and therefore, the petitioners may be permitted to surrender in the Court below and move for bail and the claim of parity may be taken into account. Learned counsel for the State has no objection to such prayer.

Considering the submissions of the learned counsel for the respective parties, while not inclining to grant anticipatory bail to the petitioners, liberty is granted to the petitioners to surrender and move for bail in the Court below within a period of four weeks from today in the event of which the learned Courts below shall dispose of the same in accordance with law expeditiously and the claim of parity with the co-accused persons, who are stated to have been released on bail, shall be taken into account. The case records shall be made available to the Courts concerned for disposal of the bail application.

The ABLAPL stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge P