Bipin Bihari Samantaray vs State Of Odisha
2022 Latest Caselaw 1510 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           ABLAPL No.1592 of 2022

              Bipin Bihari Samantaray              ....       Petitioner
              @ Bipin Samantray

                                    Mr.S.K. Bhanjadeo, Advocate

                                        -versus-

              State of Odisha                      ....       Opp. Party

                                    Mr. J.P. Patra,
                                    Addl. Standing Counsel

                                    CORAM:
                                JUSTICE S.K. SAHOO
                                      ORDER

Order No. 23.02.2022

01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard the learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Khurda P.S. Case No. 313 of 1995 corresponding to G.R. Case No. 890 of 1995 pending in the Court of learned S.D.J.M., Khurda for the commission of the alleged offences punishable under sections 395,333 and 307 of the Indian Penal Code.

Perused the first information report annexed to the anticipatory bail application.

Learned counsel for the petitioner submitted that it is a case for the offence under sections 395,333 and 307 of the // 2 //

Indian Penal Code and the name of the petitioner does not find place in the F.I.R. It is further submitted that the co- accused persons against whom the case has been instituted, subsequently faced trial and they were acquitted and therefore, the prayer for anticipatory bail may be favourably considered.

Learned counsel for the State, on the other hand, opposed the prayer for anticipatory bail and submitted that it is case of the year 1995.

Considering the submissions made by the learned counsel for the respective parties and nature of accusation against the petitioner, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders and moves for bail in the Court below within a period of four weeks from today, the same shall be disposed of by the learned Courts below in accordance with law expeditiously. While adjudicating the bail application, the learned Courts below may think it proper to take into consideration the judgment of acquittal passed in respect of the co-accused persons. The case records shall be made available to the Courts concerned for disposal of the bail application.

The ABLAPL stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

PKSahoo