Subash Ch Pradhan v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.9500 of 2022 Subash Ch Pradhan and others ....
Petitioners Mr. A. U. Senapati, Advocate -versusState of Odisha ....
Opp. Party Mr. P.C. Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
30.08.2022 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.489 of 2022, arising out of Jodapadar P.S. Case No.193 of 2022 pending in the court of learned S.D.J.M., Puri for commission of offence punishable under Sections 363/366/120-B/506/323/34, I.P.C. 5.
Considering the nature of allegation, gravity of offence and the facts of the case, I am not inclined to grant anticipatory bail to the petitioner no.3-Dhaneswar Moharana. However, it is directed that in the event the petitioner no.3-Dhaneswar Moharana surrenders before the learned court in seisin over the matter within a period of three weeks from today, he shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that they shall cooperate with the Investigating Officer as and when
// 2 // required for the purpose of investigation and he shall not default in attendance of the court during trial on each date of posting. Violation of any of the terms and conditions shall entail cancellation of bail.
6.
So far as petitioner no.1-Subash Ch. Pradhan and petitioner.2Lingaraj Moharana are concerned. However, on the submission of the learned counsel, both the petitioner no.1-Subash Ch. Pradhan and petitioner.2-Lingaraj Moharana are given liberty to surrender before the learned S.D.J.M., Puri 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 their 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 no.1-Subash Ch. Pradhan and petitioner.2-Lingaraj Moharana 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 no.1Subash Ch. Pradhan and petitioner.2-Lingaraj Moharana 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 no.1, 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