Lulu @ Laxmikanta Panda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8806 of 2022 Lulu @ Laxmikanta Panda ....

Petitioner Mr.Ajit Kumar Panda, Advocate -versusState of Odisha & another ....

Opp.Parties Mr.M.K.Mohanty, A.S.C..

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

02.08.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel. Perused the records. 3.

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

4.

The Petitioner is apprehending his arrest for the alleged commission of offence under sections 363,366-A,376(2) (h),392,120(B), 109 of the Indian Penal Code and Section 4 of POCSO.Act in Spl.Case No.72 of 2013 of the Court of the learned ADJ-cum-Spl.Judge, Bhadrak arising out of Bhandaripokhari P.S.Case No.185 of 2013.

5.

It is submitted by the learned counsel for the Petitioner that the principal accused has been released on bail and the Petitioner is a coaccused. 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 Petitioner. 7.

However, it is observed that the Petitioner, if so advised, may surrender before the learned ADJ-cum-Spl.Judge, Bhadrak in the aforesaid case within three weeks from today. In the event of his surrender and motion for bail within the aforesaid period, learned ADJ-cum-Spl.Judge, Bhadrak shall do well to dispose of the bail application of the Petitioner on the same day on merit in accordance with law. The case diary be made available in the concerned court to facilitate disposal of the bail application of the Petitioner. 8.

The ABLAPL is accordingly disposed of.

9.

Issue urgent certified copy of the order as per Rules. ( A.K. Mohapatra ) Judge RKS