Babu @ Bijay Majhi v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.10458 of 2022 Babu @ Bijay Majhi and others ....
Petitioners Mr. J.K. Majhi, Advocate -versusState of Odisha ....
Opp. Party Mr. S. Patra, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
06.09.2022 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 C.T. Case No.83 of 2022, arising out of Chandipur P.S. Case No.08 of 2022 pending in the court of learned S.D.J.M., Balasore for commission of offence punishable under Sections 272/ 273/34, I.P.C. read with Section 52(a) of Odisha Excise Act. 5.
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., Balasore in the aforesaid case in the first hour within 21 working
// 2 // 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. 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