IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2612 of 2024
.....
Dilip Kumbhar Petitioner
Represented By Adv. -
Debasish Routray
-versus-
.....
State Of Odisha Opposite Party
Represented By Adv.
–
Mr. M.K. Mohanty, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
31.07.2024
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
Additional Standing Counsel for the State. Perused the records.
3. The present application has been filed under Section 482 of
Cr.P.C. challenging the entire criminal proceeding initiated against
the present Petitioner.
4. Learned counsel for the Petitioner submitted that he does not
want to press this application at this juncture with liberty to raise the
grounds taken hearing at an appropriate stage at the time of
discharge. Learned counsel for the Petitioner further contended that
although, the Petitioner was released on bail by this Court in
ABLAPL No.4355 of 2024 vide order dated 07.05.2024. However,
he could not take advantage of the said order due to some
inadvertent error in the order passed by this Court. He further
contended that although, the Petitioner moved an application for
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modification, however, the same was rejected by the Coordinate
Bench. Learned counsel for the Petitioner further submitted that in
the meantime the co-accused persons have already been released on
bail.
5. Considering the submission made, this CRLMC stands
disposed of as not pressed.
6. However, it is observed that if the Petitioner surrenders before
the learned S.D.J.M., Balangir in the aforesaid case in the first hour
within 21 working days hence and moves 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.
7. 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.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
S.K. Rout
Signature Not Verified
Digitally Signed
Signed by: SANTANU KUMAR ROUT
Reason: Authentication
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Location: High Court of Orissa, Cuttack
Date: 05-Aug-2024 15:03:34