Allowed

Manoj Mohanty v. State of Odisha

Orissa HC3 Nov 2021ABLAPL/4388/2021

Case brief

AI extract

What is this about?

The High Court, in a writ petition for pre-arrest bail, directed petitioners to surrender within six weeks for bail release. If they fail, police may arrest them based on a non-bailable warrant. Bail conditions included no criminal activity and no witness intimidation.

What did the court decide?

Petitioners directed to surrender within six weeks for bail release; failure permits police arrest via non-bailable warrant.

Manoj Mohanty Vs State of Odisha — Bail and Remand | Orissa HC (2021)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

ABLAPL No.4388 of 2021

¶3

Manoj Mohanty & others

¶4

Petitioners

¶5

-versus-

¶6

State of Orissa

¶7

…. Opposite Party

¶8

CORAM: JUSTICE S. PUJAHARI

ORDER

Order No.

03.11.2021

This matter is taken up through Hybrid mode.

¶14

A memo has been filed by the learned counsel for the petitioners indicating therein that in the meanwhile the case record in G.R. Case No.349 of 2021 has been transferred to the Court of the J.M.F.C., Ersama.

¶15

The Petitioners apprehending their arrest in Erasama P.S. Case No.79 of 2021 corresponding to G.R. Case No.349 of 2021, pending in the court of the learned J.M.F.C., Ersama, registered for alleged commission of offences punishable under Sections 341, 323, 325, 307, 294, 427 and 506/34 of IPC, have filed this petition for their release on pre-arrest bail.

¶16

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

¶17

The prosecution allegation reveals that the petitioners stated to have assaulted the injured persons with an intention to kill as they had

¶18

Page 1 of 2

¶19

// 2 //

¶20

lodged a case against them. It appears that the investigation in this case has been completed and charge-sheet has already been filed.

¶21

Regard being had to the facts and submissions made, especially the nature of accusation, circumstances in which the offences stated to have been committed, also the fact that the injuries sustained by the injured persons are simple in nature, as stated by the learned counsel for the State and it being not disputed that the Petitioners’ release on prearrest bail shall not be an hindrance to a free and fair trial, this Court directs that if the Petitioners surrender before the Court in seisin over the matter within six weeks hence and make a motion for bail, the Court in seisin over the matter shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper including the conditions that they shall not indulged themselves in any such criminal activity while on bail and shall not make any contact or terrorize the prosecution witnesses in any manner, violation of which shall entail cancellation of bail.

¶22

However, if the Petitioners do not surrender within the time stipulated, there is no impediment on the part of the police to take them to custody and produce in the Court executing the non-bailable warrant issued or pending against them in the aforesaid case and in that event, the court concerned shall consider their prayer on its own merit.

¶23

The ABLAPL is, accordingly, disposed of being allowed.

¶24

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

¶25

(S. Pujahari) Judge

¶26

MRS

¶27

Page 2 of 2

Manoj Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Manoj Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dipak Kumar Pani Vs State of Odisha

Keshab Nayak Vs State of Odisha

Bhaskar Chandra Mohapatra Vs State of Odisha

Bhajaram @ Bhojaraj Behera Vs State of Odisha

Birendra Gagarai Vs State of Odisha

Sumanta Samal Vs State of Odisha