Petitioner sought pre-arrest bail apprehending arrest in a G.R. case alleging cheating/forgery. Court, on pandemic grounds, did not pass opinion on merits but directed immediate consideration of bail if petitioner surrenders within eight weeks.
Case disposed with direction to consider bail application in the first hour if petitioner surrenders within eight weeks.
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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
ABLAPL No.7261 of 2020
Alok Sahoo … Petitioner - Versus - State of Odisha … Opp. Party
ORDER
In the wake of the pandemic Covid-19, the case is taken up through V.C.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehending his arrest in G.R. Case No.1276 of 2019 arising out of Raghunathpur P.S Case No.94 of 2019 pending in the court of learned S.D.J.M., Jagatsinghpur registered for alleged commission of offence punishable under Sections 457/380 IPC has filed this petition for his release on pre-arrest bail.
Learned counsel for the petitioner submits that when the wife of the petitioner filed WP(Crl.) No.1 of 2020 for the illegal detention of the petitioner, this case has been foisted against him showing that the petitioner was taken to custody in this case and while he was undergoing treatment he escaped from the custody. The aforesaid was done with a purpose to justify the illegal
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detention and also torture meted to the petitioner, for which he was hospitalized. The allegation being false and concocted, the petitioner in this case deserves to be released on pre-arrest bail, submits the learned counsel for the petitioner.
Learned counsel for the State however submits that while the petitioner in custody of the police having escaped, for which a case has also been registered, the prayer for pre-arrest bail of the petitioner is misconceived.
To the aforesaid, learned counsel for the petitioner submits that there is no material to show that the petitioner was at all arrested and as such, such contention is without any merit and the implication of the petitioner being false and concocted one and made only to wriggle out from the allegation of the illegal detention, the petitioner in this case deserves to be released on pre-arrest bail.
Considering the peculiar facts and circumstances of the case and without going to the merits of the case, this Court directs that if the petitioner surrenders in the aforesaid case in the first hour before the court of learned S.D.J.M., Jagatsinghpur within eight weeks’ hence and makes a motion for bail, the learned S.D.J.M., Jagatsinghpur shall consider and dispose of the same in accordance
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with law during the first hour. In case of rejection of the bail application, the petitioner may move for bail before the next higher forum in the second hour and in that event, the bail application of the petitioner shall be considered and disposed of by the higher forum in accordance with law on the same day, if there is no other legal impediment. The police shall cause production of the case diary before the S.D.J.M., Jagatsinghpur, if the order is communicated to the I.I.C concerned indicting the date of surrender.
It is made clear that this Court has expressed no opinion on the merit of the case. Records shall be transmitted to the higher forum. Cost, if any, shall be paid by the petitioner.
The ABLAPL is, accordingly, disposed of.
……………………..
S.Pujahari, J.
1 issue framed by the court
Whether the petitioner should be released on pre-arrest bail mutatis mutandis in the peculiar facts of the case.
Alok Sahoo
State of Odisha
S.Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
