Manasa Ranjan Sahoo v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.8759 of 2022 Manasa Ranjan Sahoo ....
Petitioner Mr. S.K. Biswal, Advocate -versusState of Odisha ....
Opp. Party Mr. S.Mishra, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
10.10.2022 05.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical 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 G.R. Case No.468 of 2012 arising out of Mangalpur P.S. Case No.67 of 2012, pending in the court of learned S.D.J.M., Jajpur for commission of offences punishable under Sections 498-A/306/ 394/34, I.P.C. read with Section 4 of the D.P. Act. 4.
It is submitted by learned counsel for the petitioner that the petitioner is the husband of the deceased. It is further submitted by learned counsel for the petitioner that at the time of occurrence, the petitioner was not present in the house. It is also submitted by learned counsel for the petitioner that in the meantime, investigation has been concluded and charge-sheet has been submitted under Section 306, I.P.C. and that on similar footing with the present petitioner other coaccused persons have already been released on bail.
// 2 // 5.
Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the petitioner.
6.
However, on the submission of the learned counsel, the petitioner is given liberty to surrender before the learned S.D.J.M., Jajpur in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.
7.
Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the petitioner, if applied for.
8.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu