Biranchi Narayan Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7292 of 2022 Biranchi Narayan Parida ....

Petitioner Mr.L.N.Rayatsingh, Advocate -versusState of Odisha ....

Opposite Party Mr. Samaresh Jena, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

15.11.2022 05.

1.

This matter is taken up by hybrid arranged Order No.

(virtual/physical) mode.

2.

The Petitioner having been implicated in connection with Kodala P.S. Case No.269 of 2018 corresponding to G.R. Case No.314 of 2018 pending on the file of learned J.M.F.C., Kodala running for alleged commission of offence under Section 147/148/302/120-B/149 of the IPC read with section-25 (1-B) (A)/27 of Arms Act, has filed this application under Section-438 of the Cr.P.C. for his release on bail in the above mentioned case.

3.

Heard learned counsel for the Petitioner and learned counsel for the State.

4.

Considering the submissions made and on going through the materials on record, as also the surrounding

// 2 // circumstances; while being not inclined to grant anticipatory bail to the Petitioner; this application stands disposed of with the observation that in the event the Petitioner surrenders before the Court in seisin of the aforesaid case within three weeks and and moves for his release on bail, the same shall be considered on its own merit; further taking into account the factum of release of co-accused persons on bail, if similarly situated with the Petitioner on the ground of parity, as per law and disposed of in accordance with law during the first hour so as to enable the Petitioner to approach the next higher forum during the course of the day, in case necessity so arises unless there stands any legal impediment.

The case records be made available at the cost of the Petitioner.

4.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash) Judge Gitanjali