Orissa High Court
Ajit Kumar & Others vs State Of Odisha .... Opposite Party on 31 January, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.16686 of 2022
Ajit Kumar & Others .... Petitioners
Mr. Manas Kumar Chand, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. Debasis Biswal, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
31.01.2023 Order No.
02. 1. Heard the learned counsels for the Petitioners and the State.
2. By means of this application, the Petitioners seeks grant of bail U/s.438, Cr.P.C. in apprehension of arrest for their alleged involvement in the offence U/s. 395, I.P.C. in connection with Junagarh P.S. Case No.447 of 2022 corresponding to C.T. Case No.434 of 2022 pending in the court of learned J.M.F.C., Junagarh.
3. Learned counsel for the Petitioners does not press this bail application in respect of Petitioner Nos.1 and 2 - namely Ajit Kumar and Ghanashyam Dandasena. Accordingly, the ABLAPL stands dismissed as not pressed so far as Petitioner Nos.1 and 2 are concerned.
4. So far as Petitioner No.3 - Iswar Lenjia is concerned, keeping in view the facts and circumstances of the case, nature of the allegation and the seriousness and gravity of the offence, although this Court is Page 1 of 2 // 2 // not inclined to grant anticipatory bail to this Petitioner, it is observed that Petitioner No.3, if so chooses, may surrender before the learned J.M.F.C., Junagarh in the aforesaid C.T. Case No.434 of 2022 during the first hour within three weeks from today and move for bail, the learned Magistrate shall consider the bail application of the Petitioner in the first hour of the day itself, strictly on the basis of the materials available on record.
5. In case of rejection of the bail application by the learned Magistrate, Petitioner No.3 may move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of Petitioner No.3 on the same day on its own merit, strictly on the basis of the materials available on record, without being influenced by any observation made herein by this Court or even presuming it to be a direction in affirmative. However, this order is subject to verification of Criminal Antecedents, if any standing to the credit of the Petitioner No.3.
6. Case Diary be transmitted and made available to the learned courts below, at the cost of the Petitioner, as far as possible, to facilitate disposal of the bail application of Petitioner No.3 on the same day itself, if there be no legal impediment.
7. The ABLAPL is disposed of accordingly.
( Chittaranjan Dash ) Judge S.K.Parida Page 2 of 2