Disposed¶20

Ajit Benia @ Ajit Benya v. State of Odisha

Orissa HC4 Mar 2024ABLAPL/13190/2021

Case brief

AI extract

What is this about?

ABLAPL 13190/2021, High Court of Orissa, D. Dash J., 04.03.2024; anticipatory bail under S.438 CrPC refused; Semiliguda PS Case 91/2021, GR 56/2021, IPC Ss.147/148/427/323/332/326/307/379/294/506/149; direction for expeditious regular bail consideration on surrender with parity to released co-accused; interim order 06.11.2021 vacated; disposed.

What did the court decide?

Anticipatory bail declined; interim order dated 06.11.2021 vacated; however, upon surrender, the Petitioner's regular bail application is to be considered on its own merit with parity vis-a-vis similarly situated released co-accused and disposed of expeditiously (first hour of the day); urgent certified copy to be issued as per rules. ¶20

Ajit Benia @ Ajit Benya Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL NO.13190 OF 2021

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Ajit Benia @ Ajit Benya

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…. Petitioner

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Mr. Biplaba P.B. Bahali, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. P. K. Mohanty, ASC

CORAM:

Order No.

ORDER

04.03.2024

This matter is taken up by hybrid arranged (virtual/physical) mode.

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The Petitioner having been implicated in connection with Semiliguda P.S. Case No.91 of 2021, corresponding to G.R. No.56 of 2021 pending on the file of learned JMFC, Semiliguda, running for alleged commission of offence under Section 147/148/427/323/332/326/307/379/294/506/149 of the IPC, has filed this application under Section-438 of the Cr.P.C. for his release on bail in the above mentioned case.

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Heard learned counsel for the Petitioner and learned counsel for the State.

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Considering the submissions made and on going through the materials on record, as also the surrounding circumstances; while being not inclined to grant anticipatory bail to the Petitioner; it is observed that in the event the Petitioner surrenders before the Court in seisin of the aforesaid case and moves for his release on bail, the same shall be

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considered on its own merit; further taking into account the factum of release of co-accused person on bail, if similarly situated with the Petitioner on the ground of parity, as per law and disposed of in accordance with law during the first hour of the day without being prejudiced by this order so as to enable the Petitioners to approach the next higher forum, in case necessity so arises for its disposal during the course of the day unless there stands any legal impediment.

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