Allowed

Guruprasad Karna v. State of Odisha

Orissa HC14 Dec 2021ABLAPL/12847/2021

Case brief

AI extract

What is this about?

The High Court granted pre-arrest bail to the petitioner in a case involving IPC offences, holding that release will not hinder investigation as injuries are simple and he poses no flight risk. The Court directed the arresting officer to grant bail on specified conditions and observed that Magistrates must release such accused upon surrender if no graver offence is reported.

What did the court decide?

Petitioner directed to be released on bail by arresting officer on conditions; Magistrates to grant bail on surrender/appearance if no graver offence reported.

Guruprasad Karna Vs State of Odisha — Anticipatory Bail | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.12847 of 2021

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Guruprasd Karna

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Petitioner

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-versus-

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State of Odisha

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…. Opposite Party

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CORAM: JUSTICE S. PUJAHARI

ORDER

Order No.

14.12.2021

This matter is taken up through hybrid mode.

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The Petitioner apprehending his arrest in Manamunda P.S. Case No.124 of 2021 registered for alleged commission of offences punishable under Sections 341, 294, 323, 324, 307, 506 read with Section 34 of the I.P.C., has filed this petition for his

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release on pre-arrest bail.

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Heard the learned counsel for the Petitioner and the

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learned counsel for the State.

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Learned counsel for the State submits that the disputes

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between the father and the son and the injury sustained by the

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injured is simple in nature.

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Page 1 of 4

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// 2 //

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Considering the facts and submissions made, especially

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the nature and character of allegations, circumstances in which the offences stated to have been committed and the fact that the injury sustained by the injured is simple in nature, as submitted by the learned counsel for the State and also it being not disputed that the Petitioner’s release on pre-arrest bail shall not be an hindrance to the free and fair investigation, this Court is of the view that the Petitioner has made out a case for his release on prearrest bail, more particularly when he is ready and willing to cooperate with the investigation and he has no chance of absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail.

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Hence, this Court directs that in the event of arrest of the Petitioner in connection with the aforesaid case, he be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper including the conditions that Petitioner shall cooperate with the investigation, shall not indulge himself in any criminal activity while on bail, shall not contact or terrorize the prosecution witnesses in any manner. Violation of any of the aforesaid conditions shall entail cancellation of bail.

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Page 2 of 4

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// 3 //

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However, the aforesaid order is subject to the condition that no other graver offence is reported against the Petitioner besides the aforesaid offences.

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However, frequently submission is being made on behalf of the Bar that in spite of persons released on pre-arrest bail, the Investigating Officer is not arresting and placing the charge sheet showing them as absconder. In that event, when they surrender before the Court below after filing of charge sheet, the learned Magistrates having jurisdiction used to say the said that the direction is being Investigating Officer to release, they are not bound to obey the order. If that be so, the same speaks of sorry state of affairs inasmuch as when the persons have been released on pre-arrest bail with the direction to release them on bail by the Investigating Officer concerned and the Investigating Officer concerned avoiding to release them on bail and submitting the charge sheet as absconder, the learned Magistrate must grant bail to them pursuant to the order of pre-arrest bail, if the accused has been granted pre-arrest bail in the said case, if no other graver offence is reported against him besides the offences in which he was released on pre-arrest bail on his surrendering and making a

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Page 3 of 4

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// 4 //

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motion for bail pursuant to the order. So also, if he appears pursuant to the summon issued in such case, he is also entitled to be released on bail. However, the terms and conditions to be fixed

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are left upon the learned Magistrate concerned. But the same should not be harsh or if the Petitioner is not unable to satisfy the same on the same day, he should be released on his furnishing personal bond for a reasonable period to enable him to appear and furnish the bail bond on fulfill the terms and conditions as directed. Failure to do the same shall entail forfeiting of the benefit granted pursuant to the order of pre-arrest bail.

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With the aforesaid observation, the ABLAPL is disposed of being allowed.

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

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(S. Pujahari) Judge

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Guruprasad Karna v. State of Odisha

Case brief

What is this about?

What did the court decide?

Guruprasad Karna v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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