Babu Swain Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Babu Swain Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail refused; however, liberty given to the Petitioner to surrender before the learned court in seisin within 21 working days and move for bail, with directions that the Magistrate consider the application in the first hour on the materials on record and, if rejected, the higher forum dispose of it the same day in the second hour maintaining parity, if applicable; case diary to be made available to the concerned courts and records transmittable to the higher forum at the Petitioner's cost.

Issue for consideration

Whether anticipatory bail should be granted to the Petitioner apprehending arrest for the alleged offence under Sections 52(a) of the Odisha Excise Act, 2008. +1 more

Court's answer

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

Ratio / Principle

Upon consideration of the submissions in I.A. No.391 of 2025, the order dated 13.01.2025 is recalled and the I.A. is disposed of.

Key takeaways

As a protective measure, the Petitioner is given liberty to surrender before the learned court in seisin over the matter within 21 working days and move for bail; on such event, the learned Magistrate shall consider the bail application in the first hour strictly on the basis of the materials on record.ratio¶8
In case of rejection of the bail application below, the Petitioner may move for bail before the higher forum in the second hour; the 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¶8

Detailed headnote1 paragraphs

Anticipatory Bail - Refused with protective surrender directions. Babu Swain, apprehending arrest for the alleged commission of offence under Sections 52(a) of the Odisha Excise Act, 2008 in G.R. Case No.2503 of 2024 of the learned J.M.F.C., Khallikote, arising out of Beguniapada P.S. Case No.555 of 2024, sought anticipatory bail (ABLAPL No.312 of 2025). The High Court of Orissa, considering the facts of the case, was not inclined to grant anticipatory bail. However, the Petitioner was given liberty to surrender before the learned court in seisin within 21 working days and move for bail; the learned Magistrate is to consider the application in the first hour strictly on the materials on record, and upon rejection the Petitioner may move the higher forum in the second hour, which is to consider and dispose of the application the same day on the materials on record, maintaining the principles of parity, if applicable. The case diary is to be made available to the concerned courts and records transmitted to the higher forum at the Petitioner's cost, if applied for. Separately, I.A. No.391 of 2025 seeking modification of the order dated 13.01.2025 was disposed of with that order recalled.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.312 of 2025

Babu Swain

..... Petitioner

Represented By Adv. - Suryakanta Dwibedi

-versus-

State Of Odisha

.....

Opposite Parties

Represented By Adv. – Siva Mohanty, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

18.02.2025

I.A. No.391 of 2025

Order No.

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

This I.A. has been filed by the learned counsel for the Petitioner seeking modification of order dated 13.01.2025.

Considering the submissions made, the order dated 13.01.2025 is hereby recalled.

Accordingly, the I.A. is disposed of.

ABLAPL No.312 of 2025

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. Perused the records.

The Petitioner is apprehending arrest for the alleged commission of offence under Sections 52(a) of Odisha Excise Act, 2008 in G.R. Case No.2503 of 2024 of the Court of the learned

Page 1 of 2.

J.M.F.C., Khallikote, arising out of Beguniapada P.S. Case No.555 of 2024.

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

However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned court in seisin over the matter 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.

Issue urgent certified copy of the order as per Rules.

Anil

Signature Not Verified

Page 2 of 2. Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 20-Feb-2025 15:23:04