The court rejected a second plea for pre-arrest bail raised by petitioners charged with assault, intimidation, and attempt to murder. The prior identical bail plea was rejected in 2019 after examining materials on record, and no change in circumstances was found.
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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
ABLAPL No.7324 of 2020
O R D E R
The petitioners apprehending their arrest in Laxmisagar P.S. Case No.0163 of 2019, corresponding to C.T. Case No.2684 of 2019 on the file of the S.D.J.M., Bhubaneswar registered for alleged commission of offences punishable under Sections 341, 323, 294, 325 and 307/34 of the I.P.C., have filed this petition for their release on prearrest bail.
Heard learned counsel for the petitioners and learned counsel for the State.
It appears that the earlier prayer for pre-arrest bail of the petitioners was rejected by this Court vide order dated 20.12.2019 passed in ABLAPL No.17811 of 2019 by a reasoned order looking into the materials on record.
Needless to say that this Court after scanning the materials available on record, especially looking into the
2
nature of accusation and gravity of the offence and role played by the petitioners, had refused to release the petitioners on pre-arrest bail vide the order passed in the aforesaid ABLAPL. Since then, there is no change in circumstances. Therefore, allowing this petition would tantamount to review of the earlier order passed without any apparent or cogent reason which is not permissible. Hence, the prayer for pre-arrest bail of the petitioners stands rejected.
Accordingly, the ABLAPL stands disposed of being dismissed.
………………….. S.Pujahari, J.
DA
2 issues framed by the court
Whether the plea for pre-arrest bail should be allowed in light of the rejection of the earlier identical plea.
Whether the nature of the accusation under Sections 341, 323, 294, 325 and 307/34 of the I.P.C. warrants bail at the pre-arrest stage.
Suryakanta Mangaraj
Manoj Kumar Mangaraj
State of Odisha
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
