Aanna Mandal vs State Of Odisha

Savitri Ratho, J

This application under Section 482 of Cr.P.C. has been filed by the petitioner challenging the entire proceedings in G.R. Case No.1018 of 2022 arising out of Paradeep P.S. Case No.337 of 2022, pending in the Court of the learned J.M.F.C. (P), Kujang.

Mr.A.N.Samantaray, learned counsel for the petitioner submits that the petitioner does not want to press this application under Section 482 of Cr.P.C. and she may be permitted to surrender in the Court of learned J.M.F.C. (P), Kujang and move an application for bail since the co-accused persons have been released on bail and further prays that a direction may be issued for maintaining parity.

On perusal of the records, it appears that the petitioner had filed ABLAPL No.14157 of 2022 before this Court, which has been rejected vide order dated 22.11.2022 and in the said order, it was directed that in the event the petitioner surrenders and moves an application for bail within a period of three weeks, the same shall be considered on its own merit without being influenced by the observations of this Court.

Mr. Samantaray, learned counsel submits that the petitioner could not surrender before the learned court below due to unavoidable circumstances, but pursuant to order passed in ABLAPL No.14940 of 2022 by this Court, Tofan Parida had been granted bail by the learned Additional Sessions Judge.

Considering the above submission and in view of the fact that the petitioner is a lady and in order to secure the presence of the petitioner in the learned court below, it is directed that if the petitioner-Aanna Mandal surrenders in the Court of learned J.M.F.C. (P), Kujang on or before 31.03.2023 and moves an application for bail in connection with the aforesaid case, the same shall be considered on its own merit and disposed of in the first hour in accordance with law by the learned Magistrate in order to enable the petitioner to move the higher forum on the same day in case of rejection. Needless to say, the Courts below will also consider the question of parity if urged by the petitioner.

No extension of time to surrender will be granted to the petitioner in any circumstances.

The CRLMC is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

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