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Judgment
S. K. Panigrahi, J
This matter is taken up by video conferencing mode.
This is an application under Section 438 of the Cr. P.C.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner herein is apprehending arrest in GR Case No. 121 of 2021 arising out of Subalaya PS Case No. 25 of 2021 on the file of learned
SDJM, Biramaharajpur for commission of offences under Section 307 of the IPC read with Sections 25 & 27 of the Arms Act.
Without going into the merits of the present petition filed by the petitioner under Section 438, Cr. P.C. seeking direction for pre-arrest bail, this Court
is to observe first that whether the petition under Section 438 Cr. P.C. is maintainable before this Court without exhausting remedy under the said
provision before the Court of Sessions which has concurrent jurisdiction.
In view of the order dated 26.04.2021 passed in ABLAPL No. 5283 of 2021 (Mitu Das & Others. V. State of Odisha), the petitioner is granted
interim protection for a period of three weeks to approach the Court of Sessions for seeking similar relief and the Court of Sessions shall list this
matter as early as possible before the expiry of three weeks of protection granted to the petitioner.
Accordingly, the ABLAPL is disposed of.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order
available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide
Court’s Notice No.4798, dated 15th April, 2021.