The High Court of Orissa dismissed an application for pre-arrest bail for individuals accused of a conspiracy to grab tribal lands via impersonation, holding that interrogation in custody was necessary.
The application for pre-arrest bail was dismissed for Petitioner No. 2 as not pressed, and dismissed for Petitioners Nos. 1, 3, 4, 5 & 6.
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IN THE HIGH COURT OF ORISSA, CUTTACK
ABLAPL No.2001 of 2021
CORAM: HON’BLE SHRI JUSTICE S.PUJAHARI
O R D E R
This matter is taken up by video conferencing mode.
Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners in this case apprehending their arrest in Thelkoli P.S. Case No.15 of 2021 corresponding to G.R. Case No.403 of 2021, pending in the court of learned S.D.J.M., Sambalpur, registered for alleged commission of offences punishable under Sections 120-B/416/423/ 424/464/465/466/467/468/471/463 of I.P.C., have filed this petition for their release on pre-arrest bail.
2
The aforesaid case has been registered pursuant to the complaint petition sent under Section 156(3) of Cr.P.C. by the learned S.D.J.M., Sambalpur to the police.
Learned counsel for the petitioners does not want to press this application for Petitioner No.2Harishankar Behera, as he has already been arrested.
In view of such submission made, the ABLAPL stands dismissed as not pressed for Petitioner No.2.
So far as Petitioner Nos.1, 3, 4, 5 & 6 are concerned, considering the gravity of the allegation that the valuable lands of a tribal has been grabbed by the petitioners in connivance with others executing the sale-deed by impersonating the true owner, I am not inclined to release them on prearrest bail, particularly when their interrogation in custody is likely to unfurl the conspiracy made and also involvement of other persons in such racket which is rampant in this State.
Accordingly, the ABLAPL stands dismissed.
………………….. S.Pujahari, J.
RKS
2 issues framed by the court
Whether pre-arrest bail can be granted to petitioners accused of grave cheating and forgery allegations alongside tribal land grabbing.
Whether the gravity of conspiracy allegations and involvement of others preclude release on bail pending interrogation.
2 provisions across 1 enactments
Durllav Kishan
Harishankar Behera
Sachin Rohidas
Judhistir Rohidas
Sashi Kisan
Chittaranjan Mirdha
Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
