Orissa High Court
Diban Sethi @ Diwan vs State Of Odisha ..... Opposite Party on 7 November, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.12195 of 2024
Diban Sethi @ Diwan ..... Petitioner
Represented By Adv. -
Santosh Kumar Mahanty
-versus-
State Of Odisha ..... Opposite Party
Represented By Adv. -
S.Jena, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
07.11.2024 Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioners, learned Addl. Standing Counsel for the State. Perused the records.
3. This is an application under Section 482, B.N.S.S. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 288, 3(5) of B.N.S. read with 5 of Orissa Fire Works and Louder Speaker (Regulation) Act, 1958 and Section 9B Explosive Act, 1884 in G.R. Case No.1690 of 2024 of the Court of learned J.M.F.C., Aska arising out of Aska P.S. Case No.612/2024.
4. Considering the allegations made in the F.I.R., this Court, while disposing of the bail application, directs the Arresting Officer to first explore the possibility of applying the principles under Section 35 (3), (4), (5) of B.N.S.S. is equivalent to 41-A of Cr.P.C., before Arresting Page 1 of 2. the Petitioner in this case.
5. With the aforesaid observation and direction, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra ) Judge Anil Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 11-Nov-2024 12:05:31 Page 2 of 2.