Application for anticipatory bail under Section 438 Cr.P.C. disposed of. Arrest stayed for three weeks provided petitioner surrenders and moves for regular bail shortly thereafter.
Arrest stayed for three weeks pending surrender and filing of bail application.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3860 of 2019
Rabindra Pradhan
…. Petitioner
Mr.Sangram Keshari Brahma, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. Manoj Kumar Mohanty, ASC
CORAM:
MR. JUSTICE D.DASH ORDER
23.07.2021
Order No.
mode.
2 The Petitioner having been implicated in Chamakhandi
P.S. Case No.08 of 2019 corresponding to G.R. Case No.27 of 2019 on the file of learned S.D.J.M., Chhatrapur for alleged commission of offence under sections 417/493/341/323/294/506/34 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.
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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 within a period of three weeks and moves for his release on bail, the same shall be considered on its own merit; further taking into account the factum of release of co-accused persons on bail and if similarly situated with the Petitioner on the ground of parity 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 records be transmitted at the cost of the Petitioners.
Till the expiry of the period of three weeks hence, the Petitioner shall not be arrested in the aforesaid case.
(D.Dash) Judge
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H
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1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in the pending case.
2 provisions across 2 enactments
Rabindra Pradhan
State of Odisha
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
