This order grants no anticipatory bail. Instead, the High Court observed that if the petitioner surrenders within four weeks and moves for bail below, the claim of parity with released co-accused will be considered.
No anticipatory bail granted; petitioner directed to surrender within four weeks and move for bail below.
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.16195 of 2021
Akshaya Prusty @ Bapun …. Petitioner @ Sahadev Prusty Mr. P.K. Barik, Advocate
-versus-
State of Odisha …. Opp. Party
Smt. Susamarani Sahoo Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 01.02.2022
02. This matter is taken up by video conferencing
mode.
Heard learned counsel for the petitioner and
learned counsel for the State.
This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with 2(a) C.C. Case No.151 of 2021 arising out of Excise Case P.R. No.23 of 2021-22 of O.I.C. of Excise District Mobile Charge, Bhadrak pending in the Court of learned S.D.J.M., Bhadrak for alleged commission of offence under section 52(a) of the Odisha Excise Act.
Perused the F.I.R.
Learned counsel for the petitioner submitted that some of the co-accused persons were arrested and they have already been released on bail.
// 2 //
In view of such submission, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders in the Court below within a period of four weeks from today and moves for bail before the learned Court below, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law and claim of parity with the co-accused persons, who are stated to have been released on bail, 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.
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
Page 2 of 2
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in connection with alleged offences under section 52(a) of the Odisha Excise Act.
2 provisions across 2 enactments
Akshaya Prusty @ Bapun
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
