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Orissa High CourtABLAPL/9541/2022disposed off

Ranjuda Badhei v. State Of Odisha

2022-08-11Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9541 of 2022 Ranjuda Badhei and others ....

Petitioners Mr. S.C. Atabudhi, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

11.08.2022 01.

1.

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

2.

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

3.

The petitioners are apprehending arrest for the alleged commission of offence under Sections 341/323/294/353/307/506/34, I.P.C. read with Section 52(a) of Orissa Excise Act, 2008, arising out of G.R. Case No.1053 of 2022 corresponding to Khordha Model P.S. Case No.308 of 2022 of the court of the learned S.D.J.M., Khordha. 4.

Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the petitioners.

6.

However, on the submission of the learned counsel, the petitioners are given liberty to surrender before the learned S.D.J.M., Khordha 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

// 2 // basis of the materials on record. In case of rejection of the bail application, the petitioners 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 petitioners on the same day strictly on the basis of the materials on record. 7.

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the petitioners, 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