M. Bijuli Dora v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8778 of 2022 M. Bijuli Dora and another ....

Petitioners Mr. P.K. Rath, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

02.09.2022 02.

1.

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

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioners for anticipatory bail.

4.

The petitioners are seeking pre-arrest bail in connection with G.R. Case No.517 of 2020, arising out of Kodala P.S. Case No.210 of 2020 pending in the court of learned J.M.F.C., Khallikote for commission of offence punishable under Sections 341/323/325/294/ 506/34/302, I.P.C.

5.

It is submitted by learned counsel for the petitioners that in the split up trial, three accused persons were acquitted and some of the accused persons so far as the petitioners are concerned, they have connected with the alleged crime and they have filed the present application for protection.

6.

Taking into consideration the nature of offence and non-

// 2 // availability of the case diary, I am not inclined to exercise my discretion under Section 438, Cr.P.C. in favour of the petitioners. 7.

However, it is observed that the petitioners, if so advised, may surrender before the learned court in seisin over the matter in the aforesaid case within three weeks from today. In the event the petitioners surrender and motion for bail within the aforesaid period, leaned court in seisin over the matter shall do well do dispose of the bail application of the petitioners on the same day on merit in accordance with law. The case diary be made available to the concerned court to facilitate disposal of the bail application of the petitioners.

8.

With the aforesaid observation, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu