Orissa High Court
Mohd. Aqif Khan vs State Of Odisha .... Opposite Party on 25 October, 2021
Author: D.Dash
Bench: D.Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.17778 of 2019
Mohd. Aqif Khan .... Petitioner
Mr.Arun Kumar Das,, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. K.K. Das, ASC
CORAM:
MR. JUSTICE D.DASH
ORDER
25.10.2021 Order No.
03. 1. This matter is taken up through hybrid arrangement (hybrid/physical) mode.
2. The Petitioner having been implicated in Baghamari P.S. Case No.53 of 2019 corresponding to G.R. Case No.952 of 2019 on the file of learned S.D.J.M., Khurda for alleged commission of offence under sections 407/34 of the IPC, 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.
3. Heard learned counsel for the Petitioner and learned counsel for the State.
4. 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 Page 1 of 2 // 2 // 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 surrenders before the court in seisin of the case and moves for his release on bail, the same shall be considered on its own merit and disposed of in accordance with law without being influenced by this order during the first half of the day so as to enable the Petitioner in case necessity so arises, to approach the next higher forum in the second hour for its disposal in course of the day unless there stands any legal impediment. The case diary be made available at the cost of the Petitioner.
5. The ABLAPL is accordingly disposed of. Interim order passed on 20.12.2019 stands vacated.
6. Issue urgent certified copy as per rules.
(D.Dash) Judge Himansu Page 2 of 2