Subash Chandra Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16052 of 2021 Subash Chandra Nayak ....

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

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

18.01.2022 01.

Order No.

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

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No.528 of 2013 arising out of Jajpur Road P.S. Case No.152 of 2013 pending in the Court of learned J.M.F.C., Jajpur Road for alleged commission of offences under sections 420/120-B/34 of the Indian Penal Code read with sections 4/5/6 of the Prizes Chits and Money Circulation Scheme (Banning) Act, 1978.

Perused the F.I.R.

Since it is a case of the year 2013 and the petitioner is seeking for anticipatory bail more than eight and half years after the lodging of the F.I.R., while not inclining to grant anticipatory bail to the petitioner, but

// 2 // considering the submission made by the learned counsel for the petitioner that some of the co-accused persons have already been released on bail and the offences are triable by Magistrate, it is ordered that in the event the petitioner surrenders in the Court below and moves for bail before the learned Court below within a period of four weeks from today, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law and claim of parity with the coaccused 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