Orissa High Court
Prakash Patra vs State Of Odisha .... Opp. Party on 1 February, 2022
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.336 of 2022
Prakash Patra .... Petitioner
Mr. B.R. Dalai, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. A. Das,
Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 01.02.2022
01. This matter is taken up through Video Conferencing 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 Bari Ramchandrapur P.S. Case No.18 of 2008 corresponding to G.R. Case No.237 of 2008 pending in the court of learned S.D.J.M., Jajpur for alleged commission of offences under sections 341/323/506/34 of the Indian Penal Code read with section 9B Explosives Act.
In view of the nature of the accusation against the petitioner and since it is a case of the year 2008 and petitioner's earlier anticipatory bail application in ABLAPL No.1186 of 2011 has been disposed of, I am not inclined // 2 // to release the petitioner on anticipatory bail.
Learned counsel for the petitioner submits 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, who is stated to have been released on bail. The case records shall be made available to the Court concerned.
The ABLAPL stands 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 Page 2 of 2