✦ Orissa High Court

Pratap Chandra Dalei @ Pratap v. State of Odisha & Anr.

D DASH

Case at a glance

Outcome

Disposed of

this application is disposed of with the observation that in the event

Key paragraphs

  • Para 44. Considering the submissions made further keeping in view the earlier order dated 28.09.2001 passed by this Court in ABLAPL No.11469 of 2021, while being not inclined to reconsider the prayer for grant of anticipatory bail to the Petitioner, this application is disposed of with…

Judgment

Mr.T.P.Mohapatra, Advocate -versus- State of Odisha & Another …. Opposite Parties Mr.Samaresh Jena, ASC CORAM: MR. JUSTICE D.DASH Order No.

01. ORDER 25.11.2022 The matter is taken up through hybrid arrangement (virtual/

1.

physical) mode.

2.

This is the successive journey of the Petitioner, who is implicated in connection with Arakhakuda Marine P.S. Case No.20 of 2020 corresponding to Spl. G.R. Case No.65 of 2022 on the file learned Sessions Judge-cum-Spl. Judge, Puri, for alleged commission offence sections 450/376- D/341/323/294/354/354-B/395/506/34 of the IPC & Section 25 of Arms Act & Section 3 (1) (r) (s) (w-i) (w-ii), 3 (2) (v) (va) of SC and ST (POA) Act in filing the application under section 438 of the IPC for his release on bail in the event of his arrest.

3.

Heard learned Counsel for the Petitioner and learned Counsel for the State.

Operative part

4.

Considering the submissions made further keeping in view the earlier order dated 28.09.2001 passed by this Court in ABLAPL No.11469 of 2021, while being not inclined to reconsider the prayer for grant of anticipatory bail to the Petitioner, this application is disposed of with the observation that in the event the occasion would so arise for consideration of the application for // 2 // grant of regular bail to the Petitioner by the court in seisin of the aforesaid case, the same would be made on its own merit without being prejudiced by this order; further taking into account the factum of release of co-accused persons on bail, if similarly situated with the Petitioner on the ground of parity, as per law

5.

The ABLAPL is accordingly disposed of. Issue urgent certified copy as per rules. (D. Dash), Judge. Gitanjali

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: this application is disposed of with the observation that in the event

Which statutory provisions did this judgment involve?

Indian Penal Code, 1860 — s. 438; Arms Act, 1959 — s. 25; SC and ST (POA) Act.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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