Bijay Kumar Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.15742 OF 2020 Bijay Kumar Swain ....

Petitioner Mr.M.R. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr.G.N. Rout, ASC.

CORAM:

MR. JUSTICE D.DASH

ORDER

22.04.2022 02.

1.

This matter is taken up through hybrid arrangement Order No.

(virtual/ physical) mode.

2.

This is the successive journey of the Petitioner in filing this application under Section-438 of the Cr.P.C. for his grant of bail in the event of his arrest in connection with Puri Town P.S. Case No.183 of 2010 corresponding to G.R. Case No.1917 of 2010 on the file of learned S.D.J.M., Puri, for alleged commission of offence under Section-302/294/506/120B/147/148/109/114/149 of the IPC read with Section-25/27 of the Arms Act, for his release on bail in the above mentioned case. 3.

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

4.

Keeping in view the submissions made, the record being perused, it is seen that this Petitioner way back on 25.07.2011 had filed an application under Section-438 of the Cr.P.C. for grant of bail in the event of his arrest in the above noted case and by order dated 09.08.2011, the same had been rejected with the observation that in the event, the Petitioner moves the application for bail after surrendering before the Court in seisin of the case, the same shall be considered on its own merit and in accordance with law. As it appears, the Petitioner having not cared to abide by that order has been successful in avoiding the Court for all

// 2 // these years. This being the only changing circumstance; this Court is not inclined to entertain the Application for reconsideration of the prayer for grant of anticipatory bail to the Petitioner.

5.

The ABLAPL is accordingly dismissed.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan