Allowed

Purusottam Padhan v. State of Odisha

Orissa HC9 Apr 2021ABLAPL/1570/2021

Case brief

AI extract

What is this about?

The High Court allowed a pre-arrest bail petition filed by seven petitioners facing alleged offences under specific IPC sections. While bail for three arrested petitioners was rejected as not pressed, bail for the remaining four was granted subject to cooperation with investigation and no graver offences being reported.

What did the court decide?

Petition allowed; released on bail shall be directed by arrest officer on just and proper terms and conditions for petitioners 1, 2, 3, and 7.

Purusottam Padhan Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA, CUTTACK

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ABLAPL No.1570 of 2021

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1. Purusottam Padhan

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2. Bodhram Sa

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3. Tejaram Sa @ Padhan

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4. Rajendra Naik @ Rajendra Kumar Naik

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5. Birendra Padhan

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6. Ramesh Jaypuria

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7. Niranjan Bhoi @ Padhan … Petitioners

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-versus –

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State of Odisha … Opp. Party

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CORAM : HON’BLE SHRI JUSTICE S. PUJAHARI

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ORDER

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09.04.2021

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This matter is taken up by video conferencing mode.

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The petitioners apprehending their arrest in Hemgir P.S. Case No.22 of 2021 corresponding to G.R Case No.153 of 2021 pending in the court of learned S.D.J.M., Sundargarh registered for alleged commission of offences punishable under Sections 341/294/307/323/506/34 IPC have filed this petition for their release on pre-arrest bail.

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Learned counsel for the petitioners submits that petitioner nos.4,5 and 6 in the meantime have been arrested. Therefore, he does not want to press their prayer for prearrest bail.

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In view of such submission, the prayer for pre-arrest bail of petitioner nos.4,5 and 6 stands rejected as not pressed.

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So far as prayer for bail of petitioner nos.1,2,3 and 7 is concerned, on consideration of the allegations made in the F.I.R. and also the submissions made, especially the nature and character of allegations including the accusation under Section 307 of I.P.C., circumstances in which the offences stated to have been committed and also it being not disputed that release on pre-arrest bail of the petitioner nos.1,2,3 and 7 shall not be a hindrance to the free and fair investigation, this Court is of the view that petitioner nos.1,2,3 and 7 have made out a case for their release on pre-arrest bail, more particularly when they are ready and willing to cooperate with the investigation and they have 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 petitioner nos.1,2,3 and 7 in connection with the aforesaid case, they be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper.

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However, the aforesaid order is subject to the condition that the petitioners shall cooperate with the investigation and no other graver offence is reported against the petitioners besides the aforesaid offences.

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The ABLAPL is, accordingly, disposed of being allowed.

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As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a

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soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020.

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………. ………….. S.Pujahari, J.

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PKS

Purusottam Padhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Purusottam Padhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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