Partly allowed

J.Ganesh Patra v. State of Orissa

Orissa HC9 May 2017ABLAPL/12700/2016

Case brief

AI extract

What is this about?

The court addressed a bail petition implicating CPC offences where one petitioner (no.2) suppressed facts about three prior bail orders. Bail was granted specifically against the N.B.W. issued for non-appearance and directed the Magistrate to consider the petitioner's bail in the original case sympathetically. Pre-arrest bail for two other petitioners was deemed infructuous as they surrendered.

What did the court decide?

Petitioner no.2 directed to be released on bail in connection with N.B.W.; Magistrate to consider his bail in original case sympathetically. Prayer for pre-arrest bail of petitioner no.2 in original c

Heard learned counsel for the petitioners and learned counsel for the State. The petitioners in this case having been implicated in Rambha P.S. Case No.125 of 2009 c orresponding to G.R. Case No.298 of 2009 (A), pending in court of the learned J.M.F.C., Khalli kote for alleged commission of offences punishable under Sections 147, 148, 452, 323, 325, 427 , 379, 506 read with Section 149 of IPC, have filed this petition for their release on pre-arr est bail.

It appears that the petitioners along with others had earlier approached this Court for their release on pre-arrest bail vide BLAPL No.14232 of 2009 which was disposed of by this Cou rt vide order dated 12.10.2009 allowing the petitioners to be released on bail on their surren dering before the learned J.M.F.C., Khallikote on such terms and conditions. The petitioners d id not avail of the same and thereafter filed two bail application vide BLAPL No.20819 of 2012 and 27178 of 2013 which were also allowed, but the petitioners did not avail of the same. The petitioners suppressing all the aforesaid facts, for the reason best known to them, filed thi s bail application for their release on pre-arrest bail. This Court as such vide order dated 2 9.11.2016 issue notice to the petitioner no.2 B. Ramarao Patra, who is the Deponent to the pr esent bail application, to show cause as to why he shall not be proceeded in accordance with l aw for suppressing the aforesaid facts. Since he did not respond to such notice, this Court vi de order dated 15.12.2016 directed to issue N.B.W. against petitioner no.2. Pursuant to the N. B.W. issued, petitioner no.2 B. Ramarao Patra has been taken to custody, as disclosed from th e Letter No.340 dated 14.03.2017 of the Chief Judicial Magistrate, Ganjam, Berhampur.

Learned counsel for the petitioners submits that petitioner no.2 B. Ramarao Patra was r emanded in the present case and he has sought for bail, but the Court concerned did not consid er his such prayer as this Court had issued N.B.W. against him.

Considering the fact that petitioner no.2 B. Ramarao Patra was already granted bail on three occasions, but he had suppressed these facts, this Court was constrained to issue notice against him and for his non-appearance, N.B.W. was issued against him and he has already been taken to custody, this Court directs release of the petitioner no.2 on bail in connection wit h the N.B.W. issued. So far as the original case pending before the Magistrate concerned in wh ich the petitioner no.2 was remanded, is concerned, this Court directs the Magistrate concerne d to consider the prayer for bail of the petitioner no.2 B. Ramarao Patra sympathetically tak ing note of the fact that he was released on anticipatory bail on earlier occasions, but had n ot availed of the said orders, on the date of production of the certified copy of this order. In view of the arrest of the petitioner no.2 B. Ramarao Patra in the original case, the prayer for pre-arrest bail in respect of petitioner no.2 has become infructous.

So far as the prayer for pre-arrest bail of the petitioner nos.1 and 3, namely, J. Gane sh Patra and B. Ganesh Patra is concerned, learned counsel for the petitioners submits that he does not want to press their prayer for pre-arrest bail as they intend to surrender and move for bail before the court below. However, he submits to direct the court below to dispose of t he bail application of the petitioner on the same day.

Considering such submission of the learned counsel for the petitioners, this Court direc ts that if the petitioner nos.1 and 3 surrender in the aforesaid case before the court of the learned J.M.F.C., Khallikote within four weeks hence and make a motion for bail, the learned J .M.F.C. shall consider and dispose of the same sympathetically as they were released on pre-ar rest bail on earlier three occasions, but did not avail of the same.

So far as the issuance of notice to petitioner no.2 B. Ramarao Patra to show cause for not furnishing the appropriate certificate in the bail application is concerned, he shall appe ar before this Court after his release and file show-cause as to why he shall not be proceeded in accordance with law for not furnishing the appropriate certificate in the bail application

J.Ganesh Patra v. State of Orissa

Case brief

What is this about?

What did the court decide?

J.Ganesh Patra v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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