Orissa High Court
) Priyanshu Pandey vs State Of Odisha ….. Opposite Party on 10 March, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.14472 of 2024
1) Priyanshu Pandey ..... Petitioners
2) Rajiv Ratan Jaiswal Represented By Adv. -
3) Ranjit Nayak Bisworanjan Swain
4) Amitabh Samal
-versus-
State Of Odisha ..... Opposite Party
Represented By Adv. -
Mr. S.K.Parhi, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
10.03.2025
I.A. No.153 of 2025
Order No.
02. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. This I.A. has been filed by learned counsel for the petitioners
seeking modification of order dated 19.12.2024.
3. Learned counsel for the Petitioners submitted that in order dated
19.12.2024, it was mentioned that in the event the Petitioners are having
more than one antecedent, the order dated 19.12.2024 shall not be given
effect to. He further submitted that after the verification, it was known
that the Petitioner Nos.1 and 4 are having one criminal antecedent each,
the Petitioner No.2 does not have any criminal antecedent and Petitioner
No.3 is having three criminal antecedents, therefore, the Petitioners
could not be released on bail. Therefore, it was submitted that the order
dated 19.12.2024 be modified.
4. Considering the submission, the order dated 19.12.2024 stands
modified to the extent that in the event it is found that the Petitioner
Page 1 of 3.
Nos.1 and 4 are having more than one criminal antecedent each and
Petitioner No.2 is having any criminal antecedent, then this order shall
not be given effect to.
5. In view of such modification, the time to surrender of the
Petitioner Nos. 1, 2 and 4 before the Court below is extended to another
four weeks from today subject to depositing cost of Rs.500/- (Rupees
Five Hundred) each in the Advocates’ Welfare Fund of Orissa High
Court Bar Association within fifteen days and furnishing money receipt
thereof in proof of deposit.
6. It is made clear that, if the cost is not deposited within the
stipulated time, time extended for the petitioner Nos.1, 2 and 4 to
surrender shall stand revoked automatically.
7. So far the Petitioner No.3 is concerned, he is having three
criminal antecedents, therefore the order dated 19.12.2024 is hereby
recalled in respect of the petitioner No.3.
8. Accordingly, the I.A. stands disposed of.
ABLAPL No.14472 of 2024
9. Heard learned counsel for the Petitioner No.3 and learned Addl.
Standing Counsel for the State. Perused the records.
10. The Petitioner No.3 is apprehending his arrest for the alleged
commission of offence under Sections 147, 148, 337, 332,294, 263,
153(A), 120(B), 380, 436, 307, 506, 427, 149, 295(A), 353 of the IPC,
and Section-3 of the prevention of Damage to Public Property Act,
1984 r/w Section- 7 of Criminal Law Amendment Act in G.R. case No-
1478/2016 of the Court of the learned S.D.J.M (P), Rourkela arising out
of Plantsite P.S. Case No- 263/2016.
11. Considering the facts of the case, this Court is not inclined to
grant anticipatory bail to the Petitioner No.3.
12. However, on the submission of the learned counsel, the Petitioner
Page 2 of 3.
No.3 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 No.3 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 No.3 on the same day
strictly on the basis of the materials on record, by maintaining the
principles of parity, if applicable.
13. Case Diary be made available to the concerned courts. Records
be transmitted to the higher forum at the cost of the Petitioner No.3, if
applied for.
14. The ABLAPL is accordingly disposed of.
15. Issue urgent certified copy of the order as per Rules.
( A.K. Mohapatra )
Judge
Rubi
Signature Not Verified Page 3 of 3.
Digitally Signed
Signed by: RUBI BEHERA
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 12-Mar-2025 12:43:28