Jambeswar Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13870 of 2020 Jambeswar Swain ....

Petitioner Mr.P.R. Chhatoi, Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Das, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

21.04.2022 Order No.

03.

1.

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

2.

The Petitioner having been implicated in connection with Kendrapara Sadar P.S. Case No.213 of 2019 corresponding to G.R. No.1136 of 2019 pending in the court of the learned S.D.J.M., Kendrapara for alleged commission of offence under sections 409, I.P.C has filed this application under section 438 of Cr.P.C. for grant of bail in the event of his arrest in the said case.

3.

Heard learned counsel for the Petitioner 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 surrounding circumstances, while being not inclined to grant of anticipatory bail to the Petitioner, this application stands disposed of with the observation that in the event the Petitioner surrenders before the court in seisin of the aforesaid case and

// 2 // moves for his 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 Petitioner to approach the next higher forum early in case necessity so arises. The case record be made available at the cost of the Petitioner. 5.

The ABLAPL is accordingly disposed of.

6.

Issue urgent certified copy as per rules.

(D. Dash) Judge