Disposed

Kulamani Paltasingh v. State of Odisha

Orissa HC5 Aug 2020ABLAPL/6505/2020

Case brief

AI extract

What is this about?

In ABLAPL No.6505 of 2020, the Court directed petitioners to surrender within six weeks and move for bail before the trial court, which must consider it first; if rejected, the higher forum must decide same day, considering prior bail status.

What did the court decide?

Directed petitioners to surrender within six weeks for bail application; trial court to dispose first in first hour; higher forum to decide same day if rejected; stayed arrest till earlier of surrende

Kulamani Paltasingh Vs State of Odisha — Writ and Judicial Review | Orissa HC (2020)

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CORAM :- HON’BLE SHRI JUSTICE S.PUJAHARI

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ABLAPL NO.6505 OF 2020

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Kulamani Paltasingh.

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Sanjaya Nayak.

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Bichitra Baliarsingh.

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Tapan Biswal.

…….. Petitioners

-Versus-

State of Odisha

…….. Opp.party

O R D E R

05.08.2020

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In the wake of the Pandemic Covid-19, the case is taken up through Video Conferencing.

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The petitioners apprehending their arrest in Puri Sadar P.S. Case No.123 of 2020 corresponding to G.R. Case No.1363 of 2020, pending in the court of learned S.D.J.M., Puri for alleged commission of offences punishable under Sections 341, 323, 324, 325, 307, 354, 506/34 of I.P.C., have filed this petition for their release on pre-arrest bail.

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

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It is submitted by the learned counsel for the petitioners that the petitioners were already released on pre-arrest bail pursuant to the order of this Court passed in ABLAPL No.5509 of 2020, but since new higher offence

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under Section 307 of IPC was added, they have come to this Court by filing this petition for their release on prearrest bail.

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Considering the law laid down by the Apex Court in the case of Pradeep Ram v. The State of Jharkhand & Anr. vide Criminal Appeal Nos.816-817 of 2019 (2019 SCC OnLine SC 825) , this Court directs that if the petitioners surrender before the learned S.D.J.M., Puri within six weeks hence and make a motion for bail, the learned S.D.J.M. shall consider and dispose of the same in accordance with law during the first hour. In case of rejection of the bail application, the petitioners may move for bail before the next higher forum in the second hour and in that event, the bail application of the petitioners shall be dealt with and disposed of by the higher forum on the same day taking note of the fact that they were earlier released on pre-arrest bail in the aforesaid case, but for addition of higher offence, they have been indicted in this case and release of co-accused similarly situated, if any.

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Case Diary be made available to the court concerned, if a copy of this order is given to the I.O. through registered post with A.D. by the petitioners indicating the date of surrender.

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Records shall be transmitted to the higher forum without awaiting the order of the higher forum by Special Messenger, if the petitioners make a request in this regard. Cost, if any, shall be paid by the petitioners.

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Till the aforesaid date, i.e., either the date of surrender before the trial Court or on expiry of six weeks, whichever is earlier, the petitioners shall not be arrested in connection with the aforesaid case.

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The ABLAPL is, accordingly, disposed of.

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As lock-down period is continuing for COVID-19, learned counsel for the petitioners may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.

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…………………… S.Pujahari, J.

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MRS

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Kulamani Paltasingh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kulamani Paltasingh v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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