Tulu Jena v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.6592 of 2022 Tulu Jena ....
Petitioner Mr. D. Dash, Advocate -versusState of Odisha ....
Opp. Party Mr. Rajesh Tripathy, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
06.07.2022 01.
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Fategarh P.S. Case No.178 of 2019 corresponding to G.R. Case No.221 of 2019 pending in the Court of learned J.M.F.C., Bhapur for commission of the alleged offences punishable under sections 294/364/506/120-B/307/34 of the Indian Penal Code, sections 3/4 of the Explosive Substances Act, 1908 and sections 25/27 of the Arms Act. Perused the F.I.R.
Learned counsel for the petitioner submitted that the co-accused persons have already been released on bail and the petitioner may be permitted to surrender in
// 2 // the learned Court below and move for bail and claim of parity may be taken into account.
Learned counsel for the State has no serious objection.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders in the Court below within a period of four weeks from today and moves for bail, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law and claim of parity with the co-accused persons, who are stated to have been released on bail, shall be taken into account at the time of adjudication of the bail application. The case records shall be made available to the Court concerned.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo) Judge RKM