Disposed

Rupak Pradhan v. State of Odisha

Orissa HC16 Jan 2020ABLAPL/19006/2019

Case brief

AI extract

What is this about?

The High Court refrained from granting pre-arrest bail. It directed that the petitioner must surrender within eight weeks and apply for bail. The Special Court must dispose of the bail application on the same day if no legal impediment exists.

What did the court decide?

Directed to surrender within eight weeks and obtain bail on the same day by Special Court if no impediment exists; no further extension granted.

Rupak Pradhan Vs State of Odisha — Bail and Remand | Orissa HC (2020)

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ABLAPL No.19006 of 2019

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16.01.2020

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Heard, learned counsel for the petitioner and learned counsel for the State.

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The petitioner in this case having been implicated in Kanas P.S. Case No.105 of 2019, corresponding to Spl. G.R. Case No.86 of 2019, pending in the court of the learned Sessions Judge, Puri registered for alleged commission of offences punishable under Sections 341, 294 and 506 of the I.P.C. read with Section 3 of the S.C. & S.T. (PoA) Act, has filed this petition for his release on pre-arrest bail.

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In view of the prohibition under Section 18 of the S.C. & S.T. (PoA) Act, the learned counsel for the petitioner does not want to press this application for pre-arrest bail. However, he submits that the petitioner shall surrender before the concerned Special Court under the S.C. & S.T. (PoA) Act and in the event the petitioner surrenders and moves for bail, the concerned Special Court under the S.C. & S.T. (PoA) Act may be directed to dispose of the same in course of the day.

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Considering the facts and submissions made and without expressing any opinion on the merit of the case, it is directed that if the petitioner surrenders in connection with the aforesaid case before the concerned Special Court under the S.C. & S.T. (PoA) Act within eight weeks’ hence and makes a motion for bail, the bail application of the petitioner shall be considered and disposed of by the concerned Special Court under the S.C. & S.T. (PoA) Act in accordance with law, on the same day, if there is no other legal impediment. But, the petitioner is directed to serve copy of this order on the I.I.C., Investigating Officer and Special Public Prosecutor concerned within four weeks hence intimating that he is going to surrender on a particular date and move for bail before the Special Court. On receipt of such notice, the I.I.C. shall do the needful to communicate the same to the informantvictim to enable him to have his say, if any on such bail petition

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by remaining present either in person or through lawyer. But, such date of surrender, however, must not be before ten clear days of such notice to the I.I.C. concerned. In spite of the same, if the informant-victim would not appear, the trial Court shall not await for the response of the informant-victim for disposal of the bail petition. Non-intimation of the aforesaid fact to the informant-victim by the I.I.C. concerned shall also not be a ground to adjourn the bail petition and the same is to the peril of the I.I.C. But, the petitioner must furnish proof of such service of the copy of the order on him/her. The up-to-date Case Diary and the materials thereon be made available to the Court concerned by the Investigating Officer on the date of consideration of the prayer for bail.

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It is made clear that no further extension of time with regard to the surrender of the petitioner shall be granted in any circumstances. With the aforesaid order, this ABLAPL stands disposed of.

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

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A free copy of this order be handed over to the learned counsel for the State.

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…………………..

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S.Pujahari, J.

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Rupak Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rupak Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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