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  3. High Court Of Orissa/
  4. 2024/
  5. May

Naresh Sethy vs. State of Odisha

Decided on 30 May 2024• Citation: ABLAPL/5460/2024• High Court of Orissa
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                      IN THE HIGH  COURT  OF ORISSA  AT CUTTACK                   
                                   ABLAPL  No. 5460 of 2024                       
                    Naresh Sethy                             Petitioner           
                                              ….                                  
                                                Mr. D.K. Sahoo, Advocate          
                                         -versus-                                 
                   State of Odisha                       Opposite Party           
                                              ….                                  
                                                     Mr. D. Biswal, ASC           
                                CORAM:   JUSTICE V. NARASINGH                     
                                        ORDER                                     
                                       30.05.2024                                 
         Order No.                                                                
          01.     1.     Heard learned counsel for the Petitioner and learned     
                  counsel for the State.                                          
                  2.     The Petitioner is seeking pre-arrest bail in connection with
                  G.R. Case No.429 of 2024, arising out of Marsaghai P.S. Case    
                  No.82 of 2024pending in the Court of learned SDJM, Kendrapara   
                  for commission of offence punishable under Sections-399/402 of  
                  the IPC and Section 25 of the Arms Act.                         
                  3.     On a conspectus of materials on record, ABLAPL is        
                  disposed of with the observation that the Petitioner may surrender
                  before the learned SDJM, Kendrapara in connection with the      
                  aforementioned case within one month from today.                
                  4.     In the event of his surrender and motion for bail, the   
                  application for bail shall be considered by the learned SDJM,   
                  Kendrapara on merits in accordance with law in the first hour of the
                  day. In the event of rejection of the prayer for bail by the learned
                  SDJM, Kendrapara, the Petitioner is at liberty to move the higher
                  forum for bail in the second hour on the same day.              
                                                                    Page 1 of 2   

                  5.     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. In that event, the case diary be made available
                  to the concerned courts to facilitate disposal of the bail application
                  of the Petitioner and learned learned SDJM, Kendrapara 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.  
                  6.     Ground of parity, if any, may be considered by the learned
                  court below if the same is canvassed by the learned counsel for the
                  Petitioner at the time of consideration of the bail application.
                  7.     Accordingly, the ABLAPL stands disposed of.              
                  8.     Urgent certified copy of this order be granted as per the
                  rules.                                                          
                                                  (V. NARASINGH)                  
                                                      Vacation Judge              
                SOUMYA                                                            
    Signature Not Verified                                                        
    Digitally Signed                                                              
    Signed by: SOUMYA RANJAN SAMAL                                                
    Designation: Jr. Stenographer                                                 
    Reason: Authentication                                                        
    Location: High Court of Orissa                                                
    Date: 30-May-2024 18:01:29                                                    
                                                                    Page 2 of 2