A High Court Court allowed the petitioner's pre-arrest bail petition, directing that upon surrender before the court in seisin, regular bail must be granted. Police may arrest the petitioner if he fails to surrender within four weeks.
Curbed pre-arrest bail was allowed, directing the court in seisin to grant bail upon surrender within four weeks.
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.3970 of 2021
Tanmay Das … Petitioner -VersusState of Odisha … Opp. Party
CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
ORDER
02. 08.04.2021
This matter is taken up by video conferencing mode.
The Petitioner apprehending his arrest in Bhadrak Town P.S. Case No.105 of 2017, corresponding to G.R. Case No.734 of 2017, pending in the court of S.D.J.M., Bhadrak registered for alleged commission of offences punishable under Sections 457 and 380/34 of the I.P.C., has filed this petition for his release on pre-arrest bail.
Heard the learned counsel for the Petitioner and learned counsel for the State.
It is submitted that charge-sheet in the aforesaid case has been filed.
Considering the facts and submissions made, especially the nature and character of allegations, circumstances in which the offences stated to have been committed, the factum of completion of investigation and there being no likelihood of the Petitioner absconding and/or tampering with the prosecution evidence, if released on prearrest bail, this Court directs that if the Petitioner surrenders
2
before the Court in seisin over the matter 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.
However, if the Petitioner does not surrender with promptitude, preferably within four weeks hence, there is no impediment on the part of the police to take him to custody and produce in the Court executing the non-bailable 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.
The ABLAPL is, accordingly, disposed of being allowed.
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 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.
DA
3 issues framed by the court
Whether the petitioner is entitled to release on prepaid bail without surrendering before the Court in seisin.
Whether the Court in seisin is directed to record bail conditions upon surrender.
Whether police can arrest the petitioner if he fails to surrender within four weeks.
1 provisions across 1 enactments
Tanmay Das
State of Odisha
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
