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Orissa High CourtABLAPL/15738/2021disposed off

Sunil Pattsani@ Sudhansu Sekhar Pattsani v. State Of Odisha

2022-01-05Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15738 of 2021 Sunil Pattsani @ Sudhansu Sekhar Pattsani ....

Petitioner Mr. A. Pattanaik, Advocate -versusState of Odisha ....

Opp. Party Ms. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

05.01.2022 01.

Order No.

This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Nirakarpur P.S. Case No.116 of 2014 corresponding to G.R. Case No.1322 of 2014 pending in the court of learned J.M.F.C. -cum- Nayadhikari, Gramya Nyalaya, Tangi, Khurda for alleged commission of offences under sections 147/148/448/ 427/354/323/324/307/506/149 of the Indian Penal Code read with section 9(B) of the I.E. Act.

In view of the nature and gravity of the accusation against the petitioner and since it is a case of the year

// 2 // 2014 and the petitioner has approached this Court after seven years of lodging of the first information report, I am not inclined to release the petitioner on anticipatory bail. Learned counsel for the petitioner submits that some of the co-accused persons have already been released on bail. He further submitted that the petitioner may be permitted to surrender in the Court below and move for bail and the claim of parity may be taken into account while adjudicating the bail application.

Considering the submissions made by the learned counsel for the petitioner, it is ordered that in the event the petitioner surrenders and moves for bail before the learned Court below within a period of four weeks from today, the same shall be considered in accordance with law expeditiously and while disposing of the bail application, the learned Courts below shall consider the claim of parity with the co-accused persons, who are stated to have been released on bail. The case records shall be made available to the Court concerned. The ABLAPL stands disposed of.

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

( S.K. Sahoo) Judge p

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