Babaji Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.12783 OF 2020 Babaji Behera & Others ....

Petitioners Mr.S.K. Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr.S.K. Nayak, AGA.

CORAM:

MR. JUSTICE D.DASH

ORDER

20.04.2022 Order No.

04.

1.

This matter is taken up through hybrid arrangement (virtual/physical) mode.

2.

The Petitioners having been implicated in connection with Jamboo Marine P.S. Case No.115 of 2020 corresponding to G.R. Case No.1383 of 2020 for alleged commission of offence under section- 341/506/379/307/294/34 of the IPC pending on the file of learned S.D.J.M., Kendrapara, have filed this application under section-438 of the Cr.P.C. for their grant of anticipatory bail in the event of their arrest in the above mentioned case.

4.

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

5.

Considering the submissions and viewing the materials on record as also other surrounding circumstances, while being not inclined to grant of anticipatory bail to the Petitioners, this application is disposed of with the observation that in the event the Petitioners surrender before the Court in seisin of the

// 2 // aforesaid case and move for their release on bail, the same shall be considered on its own merit; further taking into account the factum of release of co-accused person(s) on bail, if similarly situated with the Petitioner on the ground of parity, as per law and disposed of early in accordance with law so as to enable the Petitioners to approach the next higher forum early in case necessity so arises.

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

Interim order passed on 13.11.2020 does no more survive.

5.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan