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2024 DAILYLAW 83 (ORI)

JANAKI JENA v. STATE OF ODISHA

ABLAPL/5817/2024 · 2026-01-09

V Narasingh

body2024

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5817 of 2024 Janaki Jena …. Petitioner Mr. S.R. Mulia, Advocate -versus- State of Odisha …. Opposite Party Mr. C. Mohanty, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 09.01.2026 03. 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.656 of 2024 pending in the Court of learned J.M.F.C., Salipur, arising out Mahanga P.S. Case No.183 of 2024 for commission of offences punishable under Sections 498-A/304- B/302/34 IPC read with Section 4 of the D.P Act. 3. Learned counsel for the State opposes the prayer for pre-arrest bail. 4. Taking into account the nature of allegations and the age of the Petitioner (62 years), this Court is not inclined to entertain the prayer for pre-arrest bail. However, ABLAPL is disposed of with the observation that the Petitioner may surrender before the learned J.M.F.C., Salipur in connection with the aforementioned case within one month from today. 5. In the event of his surrender and motion for bail, the application for bail shall be considered by the learned J.M.F.C., Salipur 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 J.M.F.C., Salipur, the Petitioner is 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 is requested to make an endeavour to dispose of the bail application of the Petitioner on the same day on merit in accordance with law. The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C., Salipur is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of such bail application. 7. Ground of parity, if any, may be considered by the learned court below. 8. Accordingly, the ABLAPL stands disposed of. (V. Narasingh) PKS Judge