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Orissa High Court

Barsha Devi Prusty vs State Of Odisha (Opid) .... Opp. Party on 6 May, 2022

Author: S.K. Sahoo

Bench: S.K. Sahoo

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                        ABLAPL No.16884 of 2021

              Barsha Devi Prusty                  ....      Petitioner

                                 Mr.J.K. Khatua, Advocate

                                       -versus-

              State of Odisha (OPID)              ....     Opp. Party


                                 Mr. Bibekananda Bhuyan &
                                 Mr. J.P. Patra,
                                 Special Counsel (OPID)

                                CORAM:
                            JUSTICE S.K. SAHOO
                                   ORDER

Order No. 06.05.2022

02. This matter is taken up through Hybrid arrangement (video conferencing/physical 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 C.T. No.2(C) of 2015 arising out of Sahadevkhunta P.S. Case No.458 of 2014 pending in the Court of learned Addl. Sessions Judge (Special Court), OPID, Balasore for alleged commission of offences under sections 420, 468, 406, 409, 120-B/34 of the Indian Penal Code read with section 4, 5 and 6 of the Prize Chit Money Circulation Banning Scheme Act, 1978 read with section 6 of the Odisha Protection // 2 // of Depositors in Financial Establishment Act, 2011.

As it appears that earlier the petitioner approached this Court for anticipatory bail in ABLAPL No.40 of 2019 which was disposed of as per the order dated 20.01.2021 directing the petitioner to surrender in the Court below and move for bail which has not been complied with.

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 four weeks from today and moves for bail, the same shall be disposed of as expeditiously as possible by the Court below in accordance with law and proviso to section 437(1) Cr.P.C. 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. Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge P Page 2 of 2