Orissa High Court
) Bali Charan Padhy vs State Of Odisha ….. Opposite Party on 20 December, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.14628 of 2024
1) Bali Charan Padhy ..... Petitioners
2) Sagar Ganga Swain @ Bhuinyan Represented By Adv. -
3) Birendra Gouda @ Bapi Jyotirmaya Sahoo
-versus-
State Of Odisha ..... Opposite Party
Represented By Adv. -
M.R.Patra, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
20.12.2024
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard learned counsel for both the parties and perused the
records.
3. The Petitioners are apprehending arrest for the alleged
commission of offence under Sections 341 /294 / 323 / 324 / 326 /
307 / 34 of I.P.C. in G.R. Case No.462 of 2021 of the Court of the
learned S.D.J.M., Berhampur, arising out of Digapahandi P.S. Case
No.58 of 2021.
4. Considering the facts of the case, this Court is not inclined to
grant anticipatory bail to the Petitioners. However, on the submission
of the learned counsel, the Petitioners are given liberty to surrender
before the learned court in seisin over the matter in the aforesaid case
Page 1 of 2.
in the first hour within 21 working days hence and move for bail. On
such event, the learned Magistrate shall consider their 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 Petitioners 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
Petitioners on the same day strictly on the basis of the materials on
record, by maintaining the principles of parity, if applicable.
5. Case Diary be made available to the concerned courts. Records
be transmitted to the higher forum at the cost of the Petitioners, if
applied for.
6. The ABLAPL is accordingly disposed of.
7. Issue urgent certified copy of the order as per Rules.
( A.K Mohapatra )
Judge
Anil
Signature Not Verified Page 2 of 2.
Digitally Signed
Signed by: ANIL KUMAR SAHOO
Reason: Authentication
Location: High Court of Orissa
Date: 23-Dec-2024 11:47:36