The Court dismissed the petition for pre-arrest bail as infructuous because the petitioner had already appeared before the police after receiving a notice under Section 41A of the Cr.P.C., rendering the anticipatory bail unnecessary.
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.2207 of 2020
Bikram Roul … Petitioner
-versus –
State of Odisha … Opp. Party
CORAM : HON’BLE SHRI JUSTICE S. PUJAHARI
ORDER
This matter is taken up through video conferencing
mode.
The petitioner apprehending his arrest in Banki P.S. Case No.27 of 2020 corresponding to G.R. Case No.49 of 2020 pending in the court of S.D.J.M., Banki for alleged commission of offences punishable under Sections 294/ 324/ 341/ 323/ 448/354/324/325/326/506/34 IPC has filed this petition for his release on pre-arrest bail.
No one is appearing for the petitioner in this case repeatedly.
It is stated by the learned counsel for the State that the notice under Section 41A of Cr.P.C has been issued to the petitioner and the petitioner has appeared before the police.
In such view of the matter, the ABLAPL has become infructuous. Accordingly, the ABLAPL stands dismissed as infructuous.
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
2
or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020.
………. ………….. S.Pujahari, J.
PKS
1 issue framed by the court
Whether the anticipatory bail petition filed by the petitioner under Section 438 Cr.P.C has become infructuous due to the issuance of a notice under Section 41A Cr.P.C.
1 provisions across 1 enactments
Bikram Roul
S. PUJARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
