Advocates:
['MAHIMANANDA SWAIN', '', 'S K RAY', 'B PANIGRAHI']

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IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 4105 of 2022

Padmanava Jena & others

&.

Petitioners

Mr. Mahimananda Swain, Advocate

-versus-

State of Odisha

&.

Opposite Party

Mr. K.K.Gaya, ASC

CORAM: JUSTICE V. NARASINGH

Order No.

ORDER

18.05.2022

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned

counsel for the State.

3.

The petitioners are seeking pre-arrest bail in connection

with C.T. Case No. 779 of 2022 arising out of Ramchandrapur P.S.

Case No. 91 of 2022 pending in the Court of learned SDJM, Jajpur

for

commission

of

offence

punishable

under

Sections

341/323/324/506/34 of the I.P.C.

4.

On a conspectus of materials on record, ABLAPL is

disposed of with the observation that the petitioners, if so advised,

may surrender before the learned SDJM, Jajpur in the above noted

case within 15 days (Fifteen) days from today.

5.

In the event of their surrender and motion for bail, the

application for bail shall be considered by the learned SDJM, Jajpur

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on merits in accordance with law, in the first hour of the day. In the

event of rejection of the prayer for bail by learned SDJM, Jajpur,

the petitioners are at liberty to move the higher forum for bail in the

second hour on the same day.

6.

On being so moved, the higher forum shall dispose of the

bail application of the petitioners on the same day on merit in

accordance with law. The Case Diary be made available to the

concerned courts to facilitate disposal of the bail application of the

petitioners, and learned SDJM, Jajpur is called upon to transmit the

case record to the higher forum in the second hour, in the event of

rejection of the bail application by him.

7.

Ground of parity, if any, may be considered by the learned

Court below on same being canvassed by learned counsel for the

petitioners at the time of consideration of the bail application.

8.

It is stated by the learned counsel for the petitioners that

the petitioners have no criminal proclivity. While enlarging the

petitioners on bail the learned court below shall verify such

assertion. If it comes to the fore that the petitioners have any

criminal antecedent, this order shall stands recalled automatically

without any further reference to this Court.

9.

Accordingly, the ABLAPL stands disposed of.

10.

Urgent certified copy of this order be granted as per rules.

(V. NARASINGH)

Judge

Dhal