Bhaskar Chhotaray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13443 of 2020 Bhaskar Chhotaray & Others ....

Petitioners Mr.A. Pattanaik, Advocate -versusState of Odisha ....

Opposite Party Mr. D.R. Parida, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

20.04.2022 03.

1.

This matter is taken up through hybrid arrangement Order No.

(hybrid/physical) mode.

2.

The petitioners by carrying this application under section 438, Cr.P.C. for their release on bail in the event of their arrest in connection with Nirakarpur P.S. Case No.148 of 2020 corresponding to G.R. Case No.460 of 2020 pending in the court of the learned N.G.N.-cum-J.M.F.C., Tangi for alleged commission of offence under sections 341/323/324/326/307/294/506/34, I.P.C.

3.

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

4.

Considering the submissions made and on going through the materials as placed as also taking into account the

// 2 // surrounding circumstances, while being not inclined to consider the prayer for grant of anticipatory bail to the Petitioners; this application stands disposed of with an observation that in the event the Petitioners surrender before the court in seisin of the case within a period of four weeks 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 and if similarly situated with the Petitioner on the ground of parity and disposed of in accordance with law without being influenced by this order during the first half of the day so as to enable the Petitioners in case necessity so arises, to approach the next higher forum in the second hour for its disposal in course of the day unless there stands any legal impediment. The case record be transmitted at the cost of the Petitioners.

5.

The ABLAPL is accordingly disposed of.

6.

Issue urgent certified copy as per rules.

(D.Dash) Judge Himansu