Advocates:
['MAHIMANANDA SWAIN', '', 'S K RAY', 'P BEHERA', 'P K MOHANTY']

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IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 5270 of 2022

Sanjay Kumar Jena

&.

Petitioner

Mr. Mahimananda Swain,

Advocate

-versus-

State of Odisha

&.

Opposite Party

Mr. S.Ghose, ASC

CORAM:

JUSTICE V.NARASINGH

Order No.

ORDER

7.06.2022

01.

1.

This matter is taken up through hybrid mode.

2.

Mr. Rama Chandra Ray, learned counsel and his

associate have entered appearance on behalf of the informant

by filing Vakalatnama. The same be kept on record.

3.

Heard learned counsel for the petitioner, learned

counsel for the informant and learned counsel for the State.

4.

The petitioner is seeking pre-arrest bail in connection

with C.T. Case No. 597 of 2022 arising out of Balichandrapur

P.S. Case No. 160 of 2022 pending in the Court of learned

JMFC, Chandikhol, for commission of offence punishable

under Sections 323/506/354/354-B/376/511/34 of the I.P.C.

5.

On a conspectus of materials on record, ABLAPL is

disposed of with the observation that the petitioner, if so

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advised, may surrender before the learned JMFC, Chandikhol in

the above noted case within 15 days (Fifteen) days from today.

6.

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

application for bail shall be considered by the learned JMFC,

Chandikhol 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 JMFC, Chandikhol, the petitioner is at liberty to move

the higher forum for bail in the second hour on the same day.

7.

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

bail application of the petitioner 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 petitioner, and learned JMFC, Chandikhol 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.

8.

Accordingly, the ABLAPL stands disposed of.

9.

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

V.Narasingh

Dhal (Vacation Judge)