The High Court of Orissa rejected the pre-arrest bail plea of one petitioner for suppressing prior bail applications filed in 2018 and 2019. The Court also addressed service of the order via electronic copy due to COVID-19 restrictions.
Rejection of pre-arrest bail prayer for one petitioner due to suppression of facts regarding prior applications.
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IN THE HIGH COURT OF ORISSA, CUTTACK
CORAM : Hon’ble Shri Justice S. Pujahari
ABLAPL No.1688 of 2021
State of Odisha … Opp. Party
ORDER
This matter is taken up through video conferencing
mode.
Heard learned counsel for the petitioners and learned counsel for the State.
Learned counsel for the petitioners submits that petitioner no.2 in the meantime has been arrested and released on bail. Therefore, he does not want to press his prayer for prearrest bail of petitioner no.2.
But it appears that the petitioner no.2 had earlier approached this Court in ABLAPL Nos.16009 of 2018 and 14845 of 2019 for his release on pre-arrest bail. The petitioners having not disclosed the said fact have again approached Court by filing this application for their release on pre-arrest bail.
In view of the aforesaid fact, the prayer for pre-arrest bail of the other petitioner stands rejected for suppression of the aforesaid facts.
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
2
par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020.
PKS
………. ………….. S.Pujahari, J.
2 issues framed by the court
Whether the plea for pre-arrest bail of the second petitioner should be accepted given their failure to disclose prior bail applications.
Whether the Supreme Court's guidelines on electronic copies of orders apply in the context of the COVID-19 situation.
Arun Chandra Sahoo
Sanjib Kumar Das
State of Odisha
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
