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Orissa High CourtABLAPL/10044/2022disposed off

Sastri Bag v. State Of Odisha

2022-12-08Mr. Justice D.Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.10044 OF 2022 Sastri Bag ....

Petitioner Mr.A.K. Mishra, Advocate -versusState of Odisha & Another ....

Opposite Parties Mr. Samaresh Jena, ASC.

CORAM:

MR. JUSTICE D.DASH

ORDER

08.12.2022 05.

1.

This matter is taken up through hybrid arrangement Order No.

(physical/ virtual) mode.

2.

The Petitioner having been implicated in connection with Saintala P.S. Case No.42 of 2018 corresponding to G.R. Case No.52 of 2018 pending on the file of learned J.M.F.C., Saintala for alleged commission of offence under section-417/493/294/506/34 of the IPC read with Section-4 of the D.P. Act, has filed this Application under section-438 of the Cr.P.C. for his release on bail in the event of his arrest in the above mentioned case. 3.

Heard learned Counsel for the Petitioner and learned Counsel for the State.

4.

Considering the submissions made and on going through the materials on record, as also the surrounding circumstances; while being not inclined to grant anticipatory bail to the Petitioner; it is observed that in the event the Petitioner surrenders before the Court in seisin of the case within three weeks hence in the above mentioned case and moves for his release on bail, the same shall be considered on its own merit and disposed of during the first hour in accordance with law without being prejudiced by this order so as

// 2 // to enable the Petitioner to approach the next higher forum during the course of the day, in case necessity so arises unless there stands any legal impediment.

The case record be made available at the cost of the Petitioner.

5.

The ABLAPL is accordingly disposed of.

Interim order passed on 11.10.2022 does no more survive. Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan