The High Court of Orissa quashed the application for anticipatory bail directing the petitioner to surrender and move for bail in the Court below within four weeks to secure expeditious disposal.
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. 16817 of 2021
Hari @ Haribola Pradhan @ Priyabrata Pradhan
…. Petitioner
Mr.D.J. Sahoo, Advocate
-versus-
State of Odisha …. Opp. Party
Mr. A. Das
Addl. Government Advocate
CORAM:
Order No.
JUSTICE S.K. SAHOO
ORDER
27.01.2022
01. This matter is taken up through 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 Balasore Sadar P.S. Case No.335 of 2021 corresponding to C.T. Case No.875 of 2021 pending in the Court of learned J.M.F.C. (R), Balasore for alleged commission of offences under sections 399/402 of the Indian Penal Code.
In view of available material on record, the nature and gravity of the accusation, while not
// 2 //
p
inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders in the Court below and moves 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.
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
Page 2 of 2
1 issue framed by the court
Whether anticipatory bail can be granted pending surrender to the Court below.
1 provisions across 1 enactments
Hari @ Haribola Pradhan @ Priyabrata Pradhan
State of Odisha
S.K. SAHOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
