In this bail application arising from a dacoity case (Section 395 IPC) where the petitioner was indicted on a co-accused’s confession, the High Court of Orissa held that the petitioner does not deserve pre-arrest bail and rejected the petition.
No pre-arrest bail granted; ABLAPL stands rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA, CUTTACK
ABLAPL No.1623 of 2021
Sanjaya Gamanga … Petitioner
-versus –
State of Odisha
… Opp. Party
CORAM : HON’BLE SHRI JUSTICE S. PUJAHARI
ORDER
This matter is taken up through video conferencing
mode.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehending his arrest in Pattapur P.S. Case No.313 of 2020 corresponding to G.R. Case No.300 of 2020 pending in the court of J.M.F.C-cum-Gramya Nyayalaya, Pattapur for alleged commission of offence punishable under Section 395 IPC has filed this petition for his release on pre-arrest bail.
As it appears the petitioner has been indicted in the aforesaid case on the confession of the co-accused.
Learned counsel for the petitioner submits that the co-accused having been released on pre-arrest bail, the petitioner deserves to be released on pre-arrest bail, which is vehemently opposed by the learned counsel for the State.
On consideration of the facts and the submissions made, especially the nature of accusation, gravity of the
2
offence and character of incriminating materials appearing against the petitioner in a case under Section 395 IPC, this Court is of the view that the petitioner does not deserve to be released on pre-arrest bail.
Accordingly, the ABLAPL stands rejected.
As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a 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.
………. …………..
PKS
1 issue framed by the court
Whether the petitioner deserves release on pre-arrest bail in a case alleging commission of dacoity under Section 395 IPC.
1 provisions across 1 enactments
Sanjaya Gamanga
State of Odisha
S. PUJARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
