Sushant Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 9152 of 2022 Sushant Pradhan and others ....

Petitioners Mr. J. Samantaray, Advocate -versusState of Odisha ....

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

ORDER

17.08.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioners are seeking pre-arrest bail in connection with G.R. Case No.205 of 2022, arising out of Itamati P.S. Case No.77 of 2022 pending in the Court of learned S.D.J.M. Nayagarh for commission of offence punishable under Sections 147/148/294/323/326/307/506/149 of IPC read with Section 25 and 27 of the Arms Act and read with Section 3 & 4 of the Explosive Substance Act, 1908.

4.

On a conspectus of materials on record, ABLAPL is disposed of with the observation that the petitioners, if so advised, may surrender before the learned S.D.J.M. Nayagarh 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. Nayagarh 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. Nayagarh, the petitioners are 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 petitioners 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 petitioners, and learned S.D.J.M. Nayagarh is called upon to transmit the case record 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 petitioners 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 Santoshi