Orissa High Court
Pitamber Das vs State Of Odisha .... Opposite Party on 10 May, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.4307 of 2023
Pitamber Das .... Petitioner
Mr. M.K. Panda, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. M.K. Mohanty, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 10.05.2023
01. 1. Heard learned counsel for the Petitioner and the State.
2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s. 498-A/294/323/313/506/34, I.P.C. and Section 4 of the D.P. Act in connection with C.T. Case No.103 of 2023 corresponding to Junagarh P.S. Case No.104 of 2023 pending in the court of the learned J.M.F.C., Junagarh.
3. Having regard to the submission of the learned counsel for the petitioner, nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, it is directed that the Petitioner if so chooses may surrender before the learned J.M.F.C., Junagarh in C.T. Case No.103 of 2023 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 Page 1 of 2 // 2 // materials available on record. In case of rejection of the bail application by the learned Magistrate, the Petitioner 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 the Petitioner on the same day on merit, strictly on the basis of the materials available on record without being influenced by any observation made herein by this Court or presuming it to be a direction in affirmative.
4. The Case Diary be made available to the learned courts below as far as possible to facilitate disposal of the bail application of the Petitioner on the same day itself.
5. This order is subject to verification of criminal antecedents of the Petitioner. The learned courts shall apply their wisdom in dealing with the application allowing or rejecting the application for bail keeping in view the gravity of the offence and the severity of punishment.
6. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash)
Judge
SAMIR Digitally signed by
SAMIR KUMAR
KUMAR PARIDA
Date: 2023.05.11
PARIDA 12:24:02 +05'30'
S.K.Parida
Page 2 of 2