Disposed

Balaram Jena v. State of Odisha

Orissa HC20 Dec 2021ABLAPL/14450/2021

Case brief

AI extract

What is this about?

Petitioner sought pre-arrest bail in a 498A/307/34 IPC case, dismissed due to belated application after charge sheet filing. Court directed surrender for immediate bail consideration in the first hour, with an appeal option in the second hour if rejected.

What did the court decide?

Petitioner directed to surrender for immediate bail consideration in first hour; higher forum to consider bail application in second hour upon rejection.

Balaram Jena Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.14450 of 2021

Balaram Jena

…. Petitioner

-versus-

State of Odisha

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…. Opposite Party

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CORAM: THE JUSTICE S.PUJAHARI

Order No.

ORDER 20.12.2021

This matter is taken up through Hybrid mode. 2. The Petitioner apprehending his arrest in Bhandari Pokhari P.S. Case No.33 of 2019, registered for alleged commission of offences punishable under Sections 498A/307/34 IPC, has filed this petition for his release on prearrest bail.

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Heard learned counsel for the Petitioner and learned

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counsel for the State.

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As it appears the Petitioner had once come to this Court in ABLAPL No.395 of 2020, which was dismissed as withdrawn on 24.01.2020. Now the Petitioner has again come

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Page 1 of 3

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// 2 //

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to this Court seeking pre-arrest bail considering the available materials on record.

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Learned counsel for the Petitioner submits that absolutely no material is there to indicate the Petitioner to be present at the spot on the date of incident and since the charge sheet in the aforesaid case under Sections 498-A/304B/406/109/34 IPC and Section 4 of the D.P Act has already been filed, he should be released on pre-arrest bail.

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However, as it appears the counsel who previously appearing in this case not pressed the pre-arrest bail application even though in the dying declaration, the deceased did not implicate specifically that the Petitioner, who happens to be the husband of the deceased, was there. But in the meanwhile the charge sheet has also been filed soon after the same, the Petitioner also did not approach this Court seeking pre-arrest bail. However, at a belated stage he having approached this Court, I am not inclined to entertain the prayer for pre-arrest bail of the Petitioner.

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But considering the peculiar facts and the circumstances of the case and the charge sheet in the aforesaid case has

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// 3 //

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already been filed, it is observed that if the Petitioner surrenders

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in the aforesaid case in the first hour before the Court in seisin

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over the matter and makes a motion for bail, the Court in seisin over the matter shall consider and dispose of the same in accordance 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 on its own merit on the same day.

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Records shall be transmitted to the higher forum

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without awaiting the order, if the Petitioner makes a motion that he is going to move the higher forum in course of the day. But cost, if any, shall be paid by the Petitioner.

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The ABLAPL is, accordingly, disposed of.

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Urgent certified copy of this order be granted on proper

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application.

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(S. Pujahari) Judge

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PKS

Balaram Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Balaram Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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