Sibu Naik @ Sibu Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7141 of 2022 Sibu Naik @ Sibu Nayak ....

Petitioner Mr. Sakti Prasad Das, Advocate -versusState of Odisha ....

Opposite Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

28.09.2022 Order No.

03.

I.A. No.1740 of 2022 1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsels for the parties.

3.

Considering the submission of learned counsel for the Petitioner and the averments made in the I.A., the Order No.02 dated 16.08.2022 passed in ABLAPL No.7141 of 2022 is hereby recalled, and in its place the following order is passed afresh. 4.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offences punishable under Sections 341/323/294/354/379/506, I.P.C.

5.

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however the Petitioner is given liberty to surrender before the learned S.D.J.M., Bhubaneswar in

// 2 // C.T. Case No.2703 of 2022 corresponding to Airport P.S. Case No.0151 of 2022 in the first hour within 21 working days hence and move for bail. In such event, the learned Magistrate shall consider the bail application of the Petitioner in the first hour of the day, strictly on the basis of the materials available on record. In case of rejection of the bail application by the learned Magistrate, the Petitioner may move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day on merit, strictly on the basis of the materials available on record. Case Diary be made available to the learned courts below as soon as possible to facilitate in disposing of the bail application of the Petitioner on the same day itself.

6.

Ground of parity, if canvassed by learned counsel for the Petitioner, may be taken into consideration by the learned courts below as per law, while dealing with the bail application of the Petitioner on merit.

7.

The ABLAPL and the I.A. are disposed of accordingly. 8.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida