The High Court of Odisha granted pre-arrest bail to five petitioners charged under various IPC offences. The court held that release would not hinder investigation, provided petitioners cooperate and no graver offences are reported.
Released on bail if arrested, subject to cooperating with investigation and no report of graver offences.
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.4241 of 2021
1. Manas Jena.
2. Narana Jena.
3. Somnath Das.
4. Bholanath Das.
5. Mandara Das.
6. Pramod Das. … Petitioners
-versus –
State of Odisha … Opp. Party
CORAM : HON’BLE SHRI JUSTICE S. PUJAHARI
ORDER
This matter is taken up through video conferencing
mode.
The petitioners apprehending their arrest in Jajpur P.S. Case No.110 of 2021 corresponding to C.T. Case No.600 of 2021 pending in the court of learned S.D.J.M., Jajpur registered for alleged commission of offences punishable under Sections 341, 323, 332, 353, 379, 34 of IPC have filed this petition for their release on pre-arrest bail.
On consideration of the allegations made in the F.I.R. and also the submissions made, especially the nature and character of allegations, circumstances in which the offences stated to have been committed and also it being not disputed that the petitioners’ release on pre-arrest bail shall not be a hindrance to the free and fair investigation, this Court is of the view that the petitioners have made out a case
2
for their release on pre-arrest bail, more particularly when they are ready and willing to cooperate with the investigation and they have no chance of absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail.
Hence, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper.
However, the aforesaid order is subject to the condition that the petitioners shall cooperate with the investigation and no other graver offence is reported against the petitioners besides the aforesaid offences.
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.
PKS
3 issues framed by the court
Whether the petitioners are entitled to be released on pre-arrest bail given the nature of allegations and lack of risk of tampering or absconding.
What conditions must be imposed on the release on bail to ensure cooperation with the investigation.
Whether the presence of graver offences reported against the petitioners would affect the bail order.
4 provisions across 1 enactments
Manas Jena
Narana Jena
Somnath Das
Bholanath Das
Mandara Das
Pramod Das
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
