High Court of Orissa allowed conditional discharge of anticipatory bail application but required surrender to lower court within four weeks for expeditious disposal against dacoity and arms act charges.
Petitioners to surrender within four weeks for lower court to dispose of bail application expeditiously; records to be forwarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.16099 of 2021
1. Raju Lakra …. Petitioners 2. Sanjay Lakra @ Sukra Mr. R.N. Parija, Advocate -versus- State of Odisha …. Opp. Party
Mr. A.K. Beura, Addl. Standing Counsel CORAM: JUSTICE S.K. SAHOO ORDER Order No. 19.01.2022 01. This matter is taken up by video conferencing mode. Heard learned counsel for the petitioners and learned counsel for the State. This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with G.R. Case No.555 of 2021 arising out of Kutra P.S. Case No.109 of 2021 pending in the Court of learned J.M.F.C., Rajgangpur for alleged commission of offences under section 395 of the Indian Penal Code read with sections 25 and 27 of the Arms Act.
Perused the F.I.R.
Learned counsel for the petitioners submitted
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that the first information report was lodged against unknown persons and during course of investigation, some of the co-accused persons were taken into custody and they have already been released on bail by the learned Additional Sessions Judge, Sundargarh. He further submitted that it is not a case of dacoity in true sense but technically the offence has been added while registering the first information report and the petitioners’ implication in the case is based on the confessional statement of co-accused before police and therefore, the anticipatory bail application of the petitioners may be favourably considered.
Learned counsel for the State opposed the prayer for bail.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners, while not inclining to grant anticipatory bail to the petitioners, it is ordered that in the event the petitioners surrender in the Court below and move for bail before the learned Court below within a period of four weeks from today, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law and claim of parity with the coaccused shall be taken into account at the time of adjudication of the bail application. The case records shall be made available to the Court concerned.
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The ABLAPL is accordingly disposed of.
Parties may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022.
( S.K. Sahoo)
Judge
RKM
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2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners.
Whether the petitioners can claim parity with co-accused already released on bail.
1 provisions across 1 enactments
Raju Lakra
Sanjay Lakra @ Sukra
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
