Orissa High Court
Maheswar Prusty vs State Of Odisha ….. Opposite Parties on 24 December, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.12078 of 2024
Maheswar Prusty ..... Petitioner
Represented By Adv. -
Susanta Kumar Baral
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
S.K.Parhi, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
24.12.2024
I.A. No.2801 of 2024
Order No.
02. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. This I.A. has been filed by the learned counsel for the
petitioner seeking modification of order dated 05.11.2024.
3. Considering the submissions made, the order dated 05.11.2024
is hereby recalled.
4. Accordingly, the I.A. is disposed of
ABLAPL No.12078 of 2024
5. Heard learned counsel for the Petitioner and learned Addl.
Standing Counsel for the State. Perused the records.
6. The Petitioner is apprehending his arrest for the alleged
commission of offence under Sections 457/380/34 of I.P.C. in G.R.
Case No.653 of 2024 of the Court of the learned J.M.F.C., Salipur,
Page 1 of 2.
arising out of Nischintakoili P.S. Case No.122 of 2024.
7. Considering the facts of the case, this Court is not inclined to
grant anticipatory bail to the Petitioner.
8. 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.
9. 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.
10. The ABLAPL is accordingly disposed of.
11. 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: 25-Dec-2024 14:15:15