Partly allowed

Nitya Jani v. State of Odisha

Orissa HC14 Mar 2024ABLAPL/1940/2024

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of an anticipatory bail petition without reconsideration, noting the petitioner should surrender within two weeks to apply for regular bail based on parity with co-accused on similar terms.

What did the court decide?

Application disposed of with a direction to surrender within two weeks to apply for regular bail on merits, subject to parity with co-accused.

Nitya Jani Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.1940 of 2024

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Nitya Jani

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…. Petitioner Mr.S.K. Dash, Advocate

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-versus-

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State of Odisha

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

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CORAM:

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MR. JUSTICE D.DASH ORDER 14.03.2024

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Order No.

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This matter is taken up through hybrid arrangement (hybrid/physical) mode.

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This is the successive journey of the petitioner, who having been implicated in connection with Rayagada P.S. Case No.33 of 2008 corresponding to G.R.Case No.213 of 2008 registered for alleged commission of offence under sections 147/148/153(3)/295/436/506/149 of the IPC pending on the file of the learned S.D.J.M., Paralakhemundi in filing the petition under section 438 of Cr.P.C. for his release on bail in the event of his arrest.

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

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Page 1 of 1

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// 2 //

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Considering the submissions made and on going through the materials as placed as also taking into account the surrounding circumstances, while being not inclined to reconsider 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 two weeks and move 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 person/s on bail, who is said to be similarly situated with the Petitioner on the ground of parity, as per law 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 record be transmitted at the cost of the Petitioner.

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The ABLAPL is accordingly disposed of.

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Issue urgent certified copy as per rules.

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(D.Dash) Judge

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Signature Not Verified Himansu

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Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 15-Mar-2024 13:26:31

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Nitya Jani v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nitya Jani v. State of Odisha

Case brief

What is this about?

What did the court decide?

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