Biju @ Bijay Majhi v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.10731 of 2022 Biju @ Bijay Majhi ....
Petitioner Mr. J.K. Majhi, Advocate -versusState of Odisha ....
Opp. Party Mr. P.C. Das, 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 petitioner and learned counsel for the State.
3.
The petitioner is seeking pre-arrest bail in connection with C.T. Case No.142 of 2022, arising out of Chandipur P.S. Case No.20 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 Orissa Excise Act, 2008. 4.
It is submitted by learned counsel for the petitioner that on similar footing with the present, other accused persons have already been released on bail.
5.
Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the petitioner.
6.
However, on the submission of the learned counsel, the petitioner is given liberty to surrender before the learned S.D.J.M.,
// 2 // Balasore 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 his 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 petitioner 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 petitioner 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 petitioner, 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