Bairaghi Charan Pradhan v. State of Orissa

ABLAPL No.16428 of 2016
06.12.2016
unsel.

 Heard learned counsel for the petitioner and learned Addl. Standing Co

 This is a successive bail application filed by the petitioner.
The petitioner is apprehending arrest for the alleged commission of offence under Sections 147
, 148, 294, 452, 302/149 of the IPC read with Section 9-B of the Explosives Act and Sections 2
5 and 27 of the Arms Act in G.R. Case No.242/2001 of the court of learned SDJM, Puri, arising
out of Brahmagiri P.S. Case No.24/2001.

 In a split up trial, the counsel for the petitioner submits that the co-accuse
d, as per the judgment dated 19.05.2016 has been acquitted of the charges. Therefore, petition
er-counsel submits that the petitioner should be granted to anticipatory bail. However, it is
borne out from the records that the petitioner has been absconding since the year, 2001 and th
ere is every possibility that processes under Sections 82 and/or 83 of the Cr.P.C. have been i
ssued against him.

 In that view of the matter, though this Court is not inclined to grant anticip
atory bail to the petitioner but gives liberty to the petitioner to surrender before the learn
ed SDJM, Puri in the aforesaid case in the first hour within 21 working days hence and move fo
r bail. On such event, the learned magistrate shall consider his application for bail in the f
irst hour strictly on the basis of the materials on record. In case of rejection of the bail a
pplication, the petitioner may move for bail before the learned Sessions Judge, Puri or 2nd Ad
dl. Sessions Judge, Puri in the second hour. On such event, the learned Judge shall consider
and dispose of the bail application of the

petitioner on the same day strictly on the basis of the materials on record. If the learned Ju
dge comes to the conclusion that petitioner stands in the same footing as the acquitted accuse
d, he may pass appropriate orders. However, the learned Judge shall examine from the LCR and f
ind out, if any processes under Sections 82 and or 83 Cr.P.C. have been issued. If such proces
ses have been issued, it is open for him to reject the bail application of the petitioner.
 The ABLAPL is disposed of.