Chema Garadia @ Nairudha vs State Of Odisha ..... Opposite Parties
2024 Latest Caselaw 15312 Ori

Orissa High Court

Chema Garadia @ Nairudha vs State Of Odisha ..... Opposite Parties on 1 October, 2024

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

         IN THE HIGH COURT OF ORISSA AT CUTTACK

                        ABLAPL No.10826 of 2024

    Chema Garadia @ Nairudha                .....               Petitioner
    Garadia
                                                    Represented By Adv. -
                                                    S.s.ray (2)


                                 -versus-

    State Of Odisha                     .....            Opposite Parties
                                                    Represented By Adv. -

                                                    Mr.P.C.Das, ASC


                          CORAM:
            THE HON'BLE MR. JUSTICE ADITYA KUMAR
                        MOHAPATRA

                                ORDER

01.10.2024 Order No.

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

2. Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State. Perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 395 of the Indian Penal Code in G.R.Case No.74-B of 2018 arising out of Muniguda P.S.Case No.21 of 2018, which is now pending before Learned J.M.F.C.,Muniguda.

4. It is stated by the learned counsel for the Petitioner that the present case arises out of an F.I.R. which has been registered in the year 2018. He also contended that initially the FI.R. was registered against unknown persons. Subsequently the Petitioner was implicated on the basis of co-accused statement. In the meantime some of the co-accused persons faced trial in C.T.Case No.6 and 12 of 2019 in the Court of Assistant Sessions Judge, Bissamcuttack. He further contended that trial in respect of three co-accused persons namely Ugresan Bagh, Sabara Saraka and Sudeh Karkaria have been concluded and by virtue of judgement dated 24.12.2021 and 30.04.2022 the aforesaid co-accused persons have been acquitted by the learned trial court.

5. Taking into consideration the aforesaid facts, the Petitioner is directed to surrender before the learned J.M.F.C.,Muniguda 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. While considering the bail application of the Petitioner, learned courts shall take into consideration the aforesaid two judgments.

6. 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.

7. The ABLAPL is accordingly disposed of.

8. Issue urgent certified copy of this order as per Rules.

( ADITYA KUMAR MOHAPATRA) JUDGE RKS

Location: High Court of Orissa