Santanu Kumar Sahu v. Pradeep Kumar Panda
Case at a glance
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 s. 309(6)
- Arms Act, 1959 s. 25
Judgment
Mr.M.R.Mohanty, AGA CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 12.11.2024
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate the State. Perused the records.
The Petitioner is apprehending arrest for the alleged commission of offence under Sections 309 (6) of BNS read with Section 25 of Arms Act 1959 in G.R.Case No.773 of 2024 arising out of Hindol P.S.Case No.258 of 2024 which is pending in the Court of the learned S.D.J.M., Hindol.
It is stated by the learned counsel for the Petitioner that initially the Petitioner was not named in the F.I.R. and he has been implicated in the present case on the basis of co- accused statement. Learned counsel for the Petitioner further Page 1 of 3. submitted that some of the named accused persons have been enlarged on bail in the meantime. Further, referring to the order passed in ABLAPL No.11451 of 2024, which was disposed of on 21.10.2024, learned counsel for the Petitioner submitted that Bijay Behera, Petitioner in the aforesaid ABLAPL No.11451 of 2024, was directed to surrender and move an application for bail. In the aforesaid context, learned counsel for the Petitioner submitted that the said co-accused has been subsequently enlarged on bail.
Taking into consideration the aforesaid background and keeping in view the fact that the Petitioner has not been named in the F.I.R. and the Petitioner does not have any criminal antecedent, the Petitioner is directed to surrender before the learned S.D.J.M., Hindol 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 his 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 Petitioner 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 Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable. While considering the bail application of the Petitioner, learned court in seisin over the matter shall take note of the aforesaid observation made by this Court. Page 2 of 3.
Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner No.3, if applied for.
The ABLAPL is accordingly disposed of.
Issue urgent certified copy of this order as per Rules. ( ADITYA KUMAR MOHAPATRA) JUDGE RKS Page 3 of 3. Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Nov-2024 10:48:10
Questions this judgment answers
Which statutory provisions did this judgment involve?
Bharatiya Nyaya Sanhita, 2023 — s. 309(6); Arms Act, 1959 — s. 25.
Which court decided this case, and when?
Orissa High Court, on 21 Oct 2024. The bench was ADITYA KUMAR MOHAPATRA.
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.