Mitu @ Duryadhan Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10515 of 2022 Mitu @ Duryadhan Behera & Others ....

Petitioners Mr. Deepak Ku Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. Shashank Patra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

06.09.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offences punishable under Sections 147/148/323/325/307/506/427/149, I.P.C. 4.

Considering the seriousness of the allegation, gravity of the offence and the entirety of the prosecution case, this Court is not inclined to grant anticipatory bail to the Petitioners. However, the Petitioners are given liberty to surrender before the learned S.D.J.M., Kendrapara in G.R. Case No.2386 of 2021 corresponding to Patkura P.S. Case No.498 of 2021 in the first hour within 21 working days hence and move for bail. In such event, the learned Magistrate shall

// 2 // consider the bail application of the Petitioners in the first hour of the day itself, strictly on the basis of the materials available on record. In case of rejection of the bail application by the learned Magistrate, the Petitioners may move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of the Petitioners on the same day on merit, strictly on the basis of the materials available on record. Case Diary be made available to the learned courts below as soon as possible to facilitate in disposing of the bail application of the Petitioners on the same day itself.

5.

Ground of parity, if canvassed by learned counsel for the Petitioners, may be taken into consideration by the learned courts below as per law, while dealing with the bail application of the Petitioners on merit.

6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida