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Orissa High CourtCRLMC/3708/2022not pressed

Bapi@Balakrushna Sethi@Krushna Chandra Sethi v. State Of Odisha

2022-12-08Miss Justice Savitri Ratho2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 3708 of 2022 Bapi @ Balakrushna Sethi @ Krushna Chandra Sethi ....

Petitioner Mr. A.K. Behera, Advocate

Versus

State of Orissa ....

Opposite Party Mr. J. Katikia, AGA

CORAM:

JUSTICE SAVITRI RATHO

ORDER

08.12.2022 01.

(Through hybrid mode) Order No.

1.

This application under Section 482 Cr.P.C. has been filed by the petitioner challenging the order dated 09.12.2021 passed by the learned J.M.F.C., Ranpur in G.R. Case No. 300 of 2019 (arising out of Chandapur P.S. Case No. 100 of 2019) taking cognizance of offences punishable under Section 395 of the I.P.C.

2.

Mr. A.K. Behera, learned counsel for the petitioner submits that he does not want to press this application but prays that the petitioner may be permitted to surrender in the learned court below and move for bail and a direction may be issued for disposal of the case in the first hour on the same day.

3.

Mr. J. Katikia, learned Additional Government Advocate opposes the said prayer stating that the petitioner had filed ABLAPL

// 2 // No. 461 of 2020 disposed of on 28.01.2020 where direction had been issued for consideration of his application for bail on his surrender within a specific period and thereafter though extension of time has been granted the petitioner did not comply with the said order and his second application for extension has also been rejected. 4.

Considering the fact that the Police has not been able to arrest the petitioner till date and permitting him to surrender will facilitate his participation in the trial, this application under Section 482 Cr.P.C. is disposed of directing that if the petitioner surrenders before the learned J.M.F.C., Ranpur in G.R. Case No. 300 of 2019 (arising out of Chandapur P.S. Case No. 100 of 2019) on or before 23.12.2022, and moves an application for bail, the same will be disposed of expeditiously in accordance with law.

5.

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

.........................

(Savitri Ratho) Judge Puspa