Partly allowed

Pabitra Dehury v. State of Odisha

Orissa HC9 Nov 2021ABLAPL/3128/2020

Case brief

AI extract

What is this about?

The High Court disposed of an Arrest Bail application by allowing the petitioners to surrender at the lower court for bail. It directed the trial court to consider the bail application within the first hour on the day of surrender and to facilitate filing if rejected.

What did the court decide?

Directions issued to the trial court to dispose of the bail application on the same day of surrender within the first hour; ABLAPL disposed.

Pabitra Dehury 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.3128 of 2020

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Pabitra Dehury 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.

09.11.2021

This matter is taken up through hybrid mode.

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The Petitioners apprehending their arrest in Baramba P.S. Case No.82 of 2019, corresponding to G.R. Case No.80 of 2019, pending in the Court of J.M.F.C., Baramba, registered for alleged commission of offences punishable under Sections 147/148/341/323/324/325/326/302/336/337/338/294/506/149 of the 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 pre-arrest 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

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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 during the first hour to enable them to file the bail petition in case of rejection of their prayer in the higher forum on the same day. The higher forum shall do well to dispose of their such prayer expeditiously. 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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The ABLAPL is, accordingly, disposed of.

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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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Pabitra Dehury v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pabitra Dehury v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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