Pratap Chandra Dalei @ Pratap v. State of Odisha & Anr.
Case at a glance
Outcome
Disposed of
this application is disposed of with the observation that in the event
Provisions considered
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/
physical) mode.
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.
Heard learned Counsel for the Petitioner and learned Counsel for the State.
Operative part
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
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.