Ajabul @ Minju Khan @ Minju Miyan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11548 of 2022 Ajabul @ Minju Khan @ Minju Miyan ....

Petitioner Mr.Jyotirmaya Sahoo,Advocate -versusState of Odisha & another ....

Opp. Parties Mr.P.C.Das,.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.11.2022 03.

I.A.NO. 2249 OF 2022 1.

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

2.

Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel.

3.

Considering the submissions made by the learned counsel for the Petitioner, the order dated 11.10.2022 is recalled and the following order is passed.

4.

The Petitioner is apprehending his arrest for the alleged commission of offence under Section 51 of the Wild Life Protection Act. in 2(b) C.C.Case No.09 of 2022 of the Court of the learned J.M.F.C., Badamba.

5.

Considering the facts of the case, this Court is not inclined to

// 2 // 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 J.M.F.C., Badamba 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. 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.

9.

Issue urgent certified copy of the order as per Rules. ( A.K. Mohapatra) Judge RKS