Purna Chandra Dehury v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15955 of 2021

1. Purna Chandra Dehury

2. Susanta Naik

3. Dharanidhar Naik

4. Rama Chandra Naik

5. Dolagobinda Naik

6. Subash Naik

7. Sarat Naik ....

Petitioners Mr. Dharanidhar Nayak, Senior Advocate -versusState of Odisha ....

Opp. Party Mr. J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

12.01.2022 01.

Order No.

This matter is taken up by video conferencing mode. Heard learned counsel for the petitioners and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with G.R. Case No.69 of 2021 arising out of Baramba P.S. Case No.71 of 2021 pending in the Court of learned J.M.F.C., Baramba for alleged commission of offences under sections 147/148/323/324/326/307/302/506/149 of the Indian Penal Code read with sections 25/27 of the Arms Act and section 3 of the Explosive Substances Act,

// 2 // 1908.

Perused the F.I.R.

In view of the fact that one of the offence is under section 302 of the Indian Penal Code, while not inclining to grant anticipatory bail to the petitioners, it is observed that in the event the petitioners surrender in the Court below and move for bail before the learned Court below, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law and claim of parity with the co-accused shall be taken into account at the time of adjudication of the bail application. The case records shall be made available to the Court concerned. The ABLAPL is accordingly disposed of.

Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022.

( S.K. Sahoo) Judge RKM