Disposed

Ashok Malik v. State of Odisha

Orissa HC13 Sept 2021ABLAPL/1923/2020

Case brief

AI extract

What is this about?

In a writ petition for pre-arrest bail, the High Court of Orissa directed the trial court to dispose of the bail application on the day of the petitioners' surrender but clarified it does not grant protection from arrest pending surrender, vacating an interim order.

What did the court decide?

Direction given to the court in seisin to dispose of the bail application on the day of surrender; interim order vacated.

Ashok Malik 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.1923 of 2020

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Ashok Malik and others

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Petitioners

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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.

13.09.2021

This matter is taken up through hybrid mode.

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The Petitioners apprehending their arrest in BariRamachandrapur P.S. Case No.287 of 2019, corresponding to C.T. No.1781 of 2019, pending in the Court of S.D.J.M., Jajpur, registered for alleged commission of offence punishable under Section 363 of I.P.C., have filed this petition for their release on prearrest bail.

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Heard the learned counsel for the Petitioners and the learned counsel for the State.

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Learned counsel for the Petitioners during course of argument submits that he does not want to press this petition for prearrest bail. However, it is submitted that since the Petitioners intend to surrender and move for bail before the court below, direction may be given to the court below to dispose of the bail application of the Petitioners on the same day.

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Considering the submission made, it is observed that if the Petitioners surrender in the aforesaid case before the Court in seisin over the matter and make a motion for bail, the Court in seisin over the matter shall consider and dispose of the bail application of the Petitioners on its own merit on the same day. The incriminating materials collected against the Petitioners be sent by the I.O. to the Court on the date of surrender, if the date of surrender intimated to him by the Petitioners.

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However, the aforesaid order should not be construed as a protection from arrest till the date of surrender.

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Interim order dated 27^th July, 2021 passed by this Court stands vacated. 8. The ABLAPL is, accordingly, disposed of.

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A free copy of this order be handed over to the learned counsel for the State for its communication to the concerned Police Station.

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

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(S. Pujahari) Judge

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Ashok Malik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ashok Malik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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