Suraj Kumar@ Suraj Sethi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 15610 of 2021 Suraj Kumar @ Suraj Sethi .....

Petitioner Mr. A. Ch. Mohapatra, Advocate -versusState of Orissa ....

Opposite Party Mr. S.S. Pradhan, AGA

CORAM:

JUSTICE SAVITRI RATHO Order No.

ORDER

23.02.2022 01.

The matter is taken up by virtual mode.

Heard.

This is an application under Section 438 of Cr.P.C. for grant of bail to the petitioner-Suraj Kumar @ Suraj Sethi in connection with Bhadrak (R) P.S. Case No.0091 of 2021 corresponding to G.R. Case No. 490 of 2021 pending in the Court of the learned S.D.J.M., Bhadrak for alleged commission of offence under Section 394 of IPC.

The earlier application under Section 438 Cr.P.C. had been filed by the petitioner- Suraj Kumar @ Suraj Sethi along with three accused persons, namely, Saroj Kumar Panda, Sushanta Kumar Biswal and Smruti Prakash Das. The said application i.e. ABLAPL No. 4661 of 2021 had been disposed of vide order dated 19.04.2021 permitting the petitioners to surrender before the learned S.D.J.M., Bhadrak within a period of three weeks and move for bail along with other directions.

Learned counsel for the petitioner submits that in the meanwhile the co-accused person, Smruti Prakash Das surrendered before the learned court below and when his application i.e. BLAPL No. 1102 of 2021 was being

// 2 // considered by learned Sessions Judge, Bhadrak and the informant-Kulamani Nayak has filed an affidavit stating that the matter has been settled between the accused persons and the informant.

Mr. S.S. Pradhan, learned Additional Government Advocate states that the chargesheet has been filed under Section 395 of IPC against six accused persons.

Considering the above submission, I am not inclined to allow this application under Section 438 Cr.P.C. However if the petitioner- Suraj Kumar @ Suraj Sethi surrender before the court of learned S.D.J.M., Bhadrak within a period of three weeks and move for bail in Bhadrak (R) P.S. Case No.0091 of 2021, the same shall be disposed of in the first hour so as to enable them to move the higher forum on the same day in the event of rejection. Case diary be made available, if prior intimation is given to the A.P.P. It is needless to say that learned court below while considering the bail application of the petitioner, shall consider the question of parity and necessity of conducting T.I. parade and the settlement which is stated to have taken place between the parties, on its own merit. The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted as per rules. (Savitri Ratho) Judge puspa