Guru@ Sujit Rout Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Guru@ Sujit Rout Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail declined. The petitioner was given liberty to surrender before the learned J.M.F.C. (R), Cuttack within 21 working days and move for bail, to be considered by the Magistrate in the first hour strictly on the materials on record; on rejection, the higher forum in the second hour shall dispose of the bail application on the same day maintaining parity, if applicable. Case Diary to be made available to the concerned courts and records to be transmitted to the higher forum at the cost of the petitioner, if applied for.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest for alleged offences under Sections 341/323/324/325/307/294/34, I.P.C. in G.R. Case No.3190 of 2021 before the learned J.M.F.C. (R), Cuttack.

Ratio / Principle

Anticipatory bail refused: considering the facts of the case, the Court was not inclined to grant anticipatory bail to the petitioner.

Key takeaways

Liberty granted to the petitioner to surrender before the learned J.M.F.C. (R), Cuttack in G.R. Case No.3190 of 2021 in the first hour within 21 working days and move for bail; the Magistrate shall consider the bail application in the first hour strictly on the basis of the materials on record.ratio¶21
In case of rejection of the bail application by the Magistrate, the petitioner may move for bail before the higher forum in the second hour, and such higher forum shall consider and dispose of the application on the same day strictly on the materials on record, maintaining the principles of parity, if applicable.ratio¶21

Detailed headnote1 paragraphs

Anticipatory Bail — Application refused with structured surrender directions. Petitioner apprehending arrest in G.R. Case No.3190 of 2021 (learned J.M.F.C. (R), Cuttack) for offences under Sections 341/323/324/325/307/294/34, I.P.C.; plea of parity with an already-released co-accused noted as counsel's submission. The Court declined anticipatory bail but permitted the petitioner to surrender in the first hour within 21 working days, directing the Magistrate to decide the bail application the same morning strictly on the materials on record and, upon rejection, the higher forum to dispose of the application in the second hour on the same day maintaining the principles of parity, if applicable. Case Diary to be made available to the concerned courts; ABLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.212 of 2022

Guru@ Sujit Rout

.....

Petitioner

Represented By Adv. - Bikram Keshari Sahoo

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. – D.Nayak, A.G.A.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

18.04.2024

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for both the parties and perused the records.

The petitioner is apprehending arrest for the alleged commission of offence under Sections 341/323/324/325/307/294/34, I.P.C. in G.R. Case No.3190 of 2021 of the court of the learned J.M.F.C. (R), Cuttack.

Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the petitioner.

It is submitted by learned counsel for the petitioner that on similar footing with the present petitioner, other co-accused person has already been released.

Page 1 of 2.

However, on the submission of the learned counsel, the petitioner is given liberty to surrender before the learned J.M.F.C. (R), Cuttack in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the petitioner, if applied for.

The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

(A.K. Mohapatra)

Judge

Rubi

Signature Not Verified

Page 2 of 2.

Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 10-Jul-2025 19:18:33