Hiranya Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10273 of 2022 Hiranya Jena and others ....

Petitioners Mr. T. Pr. Mohapatra, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Mishra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

30.08.2022 01.

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.526 of 2018, arising out of Brahmagiri P.S. Case No.27 of 2018 pending in the court of learned S.D.J.M., Puri for commission of offence punishable under Sections 2395/397/307/435, I.P.C. read with Sections 3 and 5 of the E.S. Act and Sections 25 and 27 of the Arms Act.

5.

It is submitted by learned counsel for the petitioners that on similar footing with the present petitioner other co-accused persons have already been released on bail by this Court in ABLAPL No.16187 of 2018 and ABLAPL No.13189 of 2018. It is further submitted by leaned counsel for the petitioners that the name of the

// 2 // petitioners has not found place in the F.I.R. and later on, added in this case.

6.

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

7.

However, on the submission of the learned counsel, the petitioners 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 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 by maintaining the principles of parity, if applicable.

8.

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.

9.

The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu