Orissa High CourtABLAPL/15135/2022disposed off

Sk Mursalin v. State Of Odisha

2022-12-14Mr. Justice Chittaranjan Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15135 of 2022 Sk Mursalin ....

Petitioner Mr. Siddharth Goutam Das, Advocate -versusState of Odisha ....

Opposite Party Mr. Shashanka Patra, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH

ORDER

14.12.2022 Order No.

01.

1. Heard the learned counsels for the Petitioner and the State.

2. By means of this application, the Petitioner seeks grant of bail U/s.438 Cr.P.C. in apprehension of arrest for his alleged involvement in the offence U/s. 341/323/294/506/34, I.P.C., in connection with Kharavelnagar P.S. Case No.413 of 2022 corresponding to C.T. Case No.6948 of 2022 pending in the court of learned S.D.J.M., Bhubaneswar.

3. Considering the nature and seriousness of the allegation, gravity of the offence and the facts of the case, while this Court is not inclined to grant anticipatory bail, it is directed that the Petitioner, if so chooses, may surrender before the learned S.D.J.M., Bhubaneswar in the aforesaid C.T. Case during the first hour within three weeks from today and move for bail. In such event, the learned Magistrate shall consider the bail application of the Petitioner in the first hour of the day itself, strictly on the basis of the materials available on record.

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4. In case of rejection of the bail application by the learned Magistrate, the Petitioner may move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day on its own merit, strictly on the basis of the materials available on record, without being influenced by any observation made herein by this Court or even presuming it to be a direction in affirmative.

5. Case Diary be transmitted and made available to the learned courts below, at the cost of the Petitioner, as soon as possible to facilitate disposal of the bail application of the Petitioner on the same day itself.

6. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge S.K.Parida