Extracted from the PDF above. The PDF is authoritative.
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.257 of 2025 1) Sahadev Sahu ..... Petitioners 2) Gangadhar Sahu
Represented By Adv. - Madan Sundar Behera -versus- State Of Odisha ..... Opposite Parties
Represented By Adv. – Siva Mohanty, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 18.02.2025
Order No.
I.A. No.303 of 2025
02.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. This I.A. has been filed by the learned counsel for the petitioners seeking modification of order dated 10.01.2025.
3. Considering the submissions made, the order dated 10.01.2025 is hereby recalled.
4. Accordingly, the I.A. is disposed of.
ABLAPL No.257 of 2025
5. Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State. Perused the records.
6. The Petitioners are apprehending arrest for the alleged commission of offence under Sections 109(2), 115(2), 118(2), 126(2), 189(4), 190, 351(3) of B.N.S., 2023 in G.R. Case No.789 of
Page 2 of 2. 2024 of the Court of the learned J.M.F.C., Buguda, arising out of Buguda P.S. Case No.610 of 2024.
7. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioners.
8. However, on the submission of the learned counsel, the Petitioners are given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider their 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 Petitioners 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 Petitioners on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable. .
9. Case Diary & Injury Report be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioners, if applied for.
10. The ABLAPL is accordingly disposed of.
11. Issue urgent certified copy of the order as per Rules.
( A.K. Mohapatra)
Judge Anil