Gulam Hussain@ Mama v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 16278 of 2021 Gulam Hussain @ Mama ....

Petitioner Mr. D.K. Mohapatra, Advocate -versusState of Odisha ....

Opp. Party Mr.A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

20.01.2022 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.647 of 2021 arising out of Hemagiri P.S. Case No.91 of 2021 pending in the Court of learned S.D.J.M., Sundargarh for alleged commission of offences under sections 147/148/341/323/379/149 of the Indian Penal Code. Perused the F.I.R.

Learned counsel for the State on instruction submitted that there are four numbers of criminal

// 2 // antecedents against the petitioner and charge sheet has been submitted showing him as an absconder and non-bailable warrant of arrest has been issued against him.

In view of such submission, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders in the Court below within a period of two weeks from today and moves 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 who are stated to have been released on bail shall be taken into account at the time of adjudication of the bail application in accordance with law. 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 P