Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 33558 (ORI)

SARAT BEHERA v. STATE OF ODISHA

ABLAPL/5284/2025 · 2025-05-15

V Narasingh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5284 of 2025 Sarat Behera …. Petitioner Mr. L. Samantaray, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 15.05.2025 02. 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.338 of 2025 pending in the Court of learned JMFC, Purussottampur, arising out of Purussottampur P.S. Case No.341 of 2025 for commission of offence punishable under Sections 318(4)/336(3)/340(2)/303(2)/3(5) of BNS read with Section 12 of Orissa Mines And Minerals (Prevention of Theft, Smuggling and other unlawful Activities Act), 1989. 3. Learned counsel for the State opposes the prayer. 4. Taking into account the nature of allegation, this Court is not inclined to entertain the ABLAPL. p. 2 However, it is directed that Petitioner may surrender before the learned JMFC, Purussottampur 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 JMFC, Purussottampur on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned JMFC, Purussottampur, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day. 5. 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. The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned JMFC, Purussottampur 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. 6. Accordingly, the ABLAPL stands disposed of. 7. U.C.C. as per rules. (V. NARASINGH) Judge Soumya Designation: Senior Senographer