Allowed

Trikash Beura v. State of Odisha

Orissa HC14 Sept 2021ABLAPL/2373/2021

Case brief

AI extract

What is this about?

The High Court allowed the petitioner's bail application filed inadvertently without the corresponding G.R. Case number. The petitioner was directed to surrender to the court in seisin within four weeks to be released on bail; otherwise, the police may arrest him under the existing non-bailable warrant.

What did the court decide?

Petitioner directed to surrender within four weeks to the court in seisin for bail release on such terms as deemed just; otherwise arrest permitted.

Trikash Beura Vs State of Odisha — Anticipatory Bail | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.2373 of 2021

Trikash Beura

Petitioner

-versus-

State of Odisha

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…. Opposite Party

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CORAM: JUSTICE S. PUJAHARI

ORDER

Order No.

14.09.2021

This matter is taken up through hybrid mode.

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Learned counsel for the Petitioner submits that inadvertently the G.R. Case No.131 of 2021 has not been furnished while filing the bail application and the same may be indicated in this order.

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The Petitioner apprehending his arrest in Jagatsinghpur P.S. Case No.65 of 2021, corresponding to G.R. Case No.131 of 2021, pending in the court of S.D.J.M., Jagatsinghpur, registered for alleged commission of offences punishable under Sections 394, 294, 506 read with Section 34 of the I.P.C., has filed this petition for his release on pre-arrest bail.

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

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It appears that co-accused, namely, Sampad Swain and the present Petitioner stated to have taken away the vehicle of the Informant applying force on the Informant and also criminally

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intimated him, pursuant to which, a complaint was lodged and the same being sent under Section 156(3) of Cr.P.C. by the learned S.D.J.M., Jagatsinghpur to the police, the present case was lodged and it is stated that co-accused Sampad Swain has already been released on bail by the court below.

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Considering the aforesaid facts and submissions made, this Court directs that if the Petitioner surrenders before the Court in seisin over the matter within four weeks hence and makes a motion for bail, the Court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper.

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However, if the Petitioner does not surrender within the time stipulated, there is no impediment on the part of the police to take him to custody and produce in the Court executing the nonbailable warrant issued or pending against him in the aforesaid case and in that event, the court concerned shall consider his prayer on its own merit.

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The ABLAPL is, accordingly, disposed of being allowed.

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

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Trikash Beura v. State of Odisha

Case brief

What is this about?

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Trikash Beura v. State of Odisha

Case brief

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