Orissa High Court
ABLAPL/1774/2021 on 10 March, 2021
Author: D. Dash
Bench: D. Dash
ABLAPL NO.1774 OF 2021
02. 10.03.2021 The matter is taken up through hybrid arrangement
(virtual/physical) mode.
The Petitioner having been implicated in Paradeep
Lock P.S. Case No. 25 of 2021 corresponding to G.R. Case
No. 105 of 2021 on the file of learned J.M.F.C., (P), Kujang
for alleged commission of offence under section 407/411/285
/34 of the IPC read with section-23 of the Petroleum Act, has
filed this application under section 438 of the Cr.P.C. for his
release on bail in the event of his arrest in the said case.
Heard learned counsel for the Petitioner and learned
counsel for the State.
Considering the submissions made and on going
through the materials as placed as also taking into account
the surrounding circumstances, while being not inclined to
consider the prayer for grant of anticipatory bail to the
Petitioner; this application stands disposed of with an
observation that in the event the Petitioner being arrested is
produced before the court in seisin of the aforesaid case and
moves for his release on bail, the same shall be considered on
its own merit; further taking into account the factum of
release of the co-accused person/s on bail, if similarly
situated with the Petitioner on the ground of parity, as per
law and disposed of in accordance with law early so as to
enable the Petitioner in case necessity so arises unless there
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stands any legal impediment, to approach the next higher
forum early.
The ABLAPL is accordingly disposed of.
The case records be transmitted at the cost of the
Petitioner.
Issue urgent certified copy as per rules.
..........................
D. Dash, J.
Narayan