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2025 DAILYLAW 28126 (ORI)

SINIBAS BISWAL @ SRINIBAS v. STATE OF ODISHA

ABLAPL/4279/2025 · 2025-04-22

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 4279 of 2025 Sinibas Biswal @ Srinibas …. Petitioner Mr. D. Sahoo, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 22.04.2025 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.357 of 2024 pending in the Court of learned S.D.J.M., Jajpur, arising out of Jakhapura P.S. Case No.37 of 2024 for commission of offences punishable under Section 379/420 of IPC read with Section 66(D) of I.T. Act. 3. Learned counsel for the Petitioner submits that the Petitioner is not a named accused and exaggerated allegations have been made. Hence, the Petitioner may be protected by pre-arrest bail. 4. It is also submitted by the learned counsel that the Petitioner does not have any criminal proclivity. 5. Learned counsel for the State opposes such prayer and submits that in the meanwhile one of the accused Budhiram Behera has been taken into custody and he further submits that on verification of the account statement, it comes to the fore that the amounts have been transferred to the accounts of the present Petitioner to the tune of Rs.23,000/-. 6. Considering the same, this Court is not inclined to entertain the ABLAPL. However, this Court directs that the Petitioner may surrender before the learned S.D.J.M., Jajpur in connection with the aforementioned case within one month from today. In the event of his surrender and motion for bail, the same be considered by the learned S.D.J.M., Jajpur on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned S.D.J.M., Jajpur, 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 is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day. The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned S.D.J.M., Jajpur is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application. Ground of parity, if any, may be considered by the learned court(s) below. 8. Accordingly, the ABLAPL stands disposed of. 9. U.C.C. as per rules. (V. NARASINGH) Judge Ayesha