Harish Chandra Majhi @ Illa v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15361 of 2022 Harish Chandra Majhi @ Illa ....

Petitioner Mr. J.K. Majhi, Advocate -versusState of Odisha ....

Opp. Party Mr. S.N. Das, ASC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

19.12.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

Heard learned counsel for both the parties and perused the records.

3.

The Petitioner is seeking pre-arrest bail in connection with Chandpur P.S. Case No.47 of 2022, corresponding to C.T. Case No.458 of 2022, pending in the court of learned J.M.F.C.(C), Balasore, registered for alleged commission of offences punishable under Sections 272/273/34 of the I.P.C. read with Section 52(a) of the Orissa Excise Act, 2008.

4.

Considering the facts of the case, this Court is not inclined to grant pre-arrest bail to the Petitioner.

5.

However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned J.M.F.C.(C), Balasore in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned

// 2 // Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable. 6.

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

7.

The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Debasis