Birakishore Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 7540 of 2022 Birakishore Das ....

Petitioner Mr. D. Sethy, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

29.08.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is seeking pre-arrest bail in connection with Nilgiri P.S. Case No.168 of 2022 corresponding to C.T. No.252 of 2022 pending in the Court of learned S.D.J.M., Nilgiri for commission of offence punishable under Sections 341/294/323/325/427/307/506/34 of IPC.

4.

On a conspectus of materials on record, ABLAPL is disposed of with the observation that the petitioner, if so advised, may surrender before the learned S.D.J.M., Nilgiri in the above noted case within 15 days (fifteen) days from today. 5.

In the event of his surrender and motion for bail, the application for bail shall be considered by the learned S.D.J.M., Nilgiri on merits in accordance with law, in the first hour of the

day. In the event of rejection of the prayer for bail by learned S.D.J.M., Nilgiri, the petitioner is at liberty to move the higher forum for bail in the second hour on the same day. 6.

On being so moved, the higher forum shall dispose of the bail application of the petitioner on the same day on merit in accordance with law. The Case Diary be made available to the concerned Courts to facilitate disposal of the bail application of the petitioner, and learned S.D.J.M., Nilgiri is called upon to transmit the case records to the higher forum in the second hour, in the event of rejection of the bail application by him.

7.

Ground of parity, if any, may be considered by the learned Court below on same being canvassed by learned counsel for the petitioner at the time of consideration of the bail application. 8.

Accordingly, the ABLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per rules. .

(V. NARASINGH) Judge Ayesha