Pratap Chandra Dalei @ Pratap Chandra Dalai v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.12282 OF 2022 Pratap Chandra Dalei @ Pratap Chandra Dalai& Others ....

Petitioners Mr.T.P.Mohapatra, Advocate -versusState of Odisha & Another ....

Opposite Parties Mr.Samaresh Jena, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

25.11.2022 Order No.

01.

1.

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

2.

This is the successive journey of the Petitioner, who is implicated in connection with Arakhakuda Marine P.S. Case No.20 of 2020 corresponding to Spl. G.R. Case No.65 of 2022 on the file of learned Sessions Judge-cum-Spl.Judge, Puri, for alleged commission of offence under sections 450/376D/341/323/294/354/354-B/395/506/34 of the IPC & Section 25 of Arms Act & Section 3 (1) (r) (s) (w-i) (w-ii), 3 (2) (v) (va) of SC and ST (POA) Act in filing the application under section 438 of the IPC for his release on bail in the event of his arrest. 3.

Heard learned Counsel for the Petitioner and learned Counsel for the State.

4.

Considering the submissions made further keeping in view the earlier order dated 28.09.2001 passed by this Court in ABLAPL No.11469 of 2021, while being not inclined to reconsider the prayer for grant of anticipatory bail to the Petitioner, this application is disposed of with the observation that in the event the occasion would so arise for consideration of the application for

// 2 // grant of regular bail to the Petitioner by the court in seisin of the aforesaid case, the same would be made on its own merit without being prejudiced by this order; further taking into account the factum of release of co-accused persons on bail, if similarly situated with the Petitioner on the ground of parity, as per law 5.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Gitanjali