Single judge declined to grant anticipatory bail but directed that if petitioners surrender within two weeks and apply for bail, considering co-accused releases on parity, the application shall be considered on merits.
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ABLAPL No.9577 OF 2018
The petitioners having been implicated in Dhenkenal Sadar P.S. Case No.2 of 2018 corresponding to G.R. Case No.2 of 2018 on the file of learned S.D.J.M., Dhenkanal for alleged commission of offence under section 302/34 of IPC, have filed this application under section 438 of Cr.P.C. for grant of bail in the event of their arrest in the said case.
Heard learned counsel for the petitioners, learned counsel for the State.
Considering the submissions made and keeping in view the nature allegations made against the petitioners, while being not inclined to grant anticipatory bail, it is directed that in the event the petitioners surrender before the Court in seisin of the case within two weeks hence and move for bail, the same shall be considered on its own merit further taking into account the factum of release of co-accused on bail, if similarly situated on the ground of parity, as per law, and disposed of in accordance with law.
The ABLAPL is accordingly disposed of. Issue urgent certified copy as per rules.
…………………….. D. Dash, J.
Basu
1 issue framed by the court
Whether application for anticipatory bail can be granted or will only be considered upon surrender in the present case involving allegations under section 302/34 IPC.
The petitioners
The State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
