Orissa High Court
Somanath Muduli vs State Of Odisha .... Opp. Party on 2 August, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.6867 of 2023
Somanath Muduli .... Petitioner
Mr.B.K. Behera, Advocate
-versus-
State of Odisha .... Opp. Party
Mr.S. Patra, ASC
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 02.08.2023
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.379/34 IPC read with Section 68 of the OMMC Rules and Section 12 of the OMMPTSA Act in connection with Jankia P.S. Case No.34 of 2023 corresponding to G.R. Case No.98 of 2023 pending in the court of learned S.D.J.M., Khurda.
3. Learned counsel for the State submits that the Petitioner is having one criminal antecedent to his credit in similar nature.
4. Having regard to the nature of allegation as emerged from the material on record, the circumstances appearing, the seriousness and the gravity of the offences, while this Court is not inclined to grant anticipatory bail, the Petitioner is at liberty to surrender before the learned S.D.J.M., Khurda in the aforesaid G.R. case within three weeks' hence and moves for bail, the learned court in seisin over // 2 // the matter shall consider the bail application of the Petitioner in the first hour of the day subject to verification of criminal antecedent and the injuries are not grievous, strictly on the basis of the materials available on record on its own merit.
5. In case of rejection of the bail application by the learned court, 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, if there be no legal impediment on its own merit strictly on the basis of the material available on record.
6. Case diary be made available to the learned courts below as soon as possible to facilitate disposal of the bail application of the Petitioner on the same day.
7. The courts below shall apply their wisdom in allowing or rejecting the application keeping in view the gravity of the offences and severity of punishments.
8. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge KC Bisoi Signature Not Verified Digitally Signed Signed by: KRUSHNA CHANDRA BISOI Designation: Secretary Reason: Authentication Location: orissa high court Date: 03-Aug-2023 19:36:13 Page 2 of 2