Allowed pre-arrest bail petitions filed by two accused worried about arrest in a theft case. The bench held that bail would not hinder investigation provided they cooperate, and granted bail on conditions.
Petitioners to be released on bail upon arrest on such terms as deemed just and proper, subject to cooperation with investigation.
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IN THE HIGH COURT OF ORISSA, CUTTACK
ABLAPL No.4512 of 2021
1. Biswanath Mohalik
2. Susanta Mahunta @ Agani … 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 Bansada P.S. Case No.104 of 2021 corresponding to G.R. Case No.227 of 2021 pending in the court of learned J.M.F.C., Chandabali registered for alleged commission of offences punishable under Sections 379/411/34 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 for their release on pre-arrest bail, more particularly when they are ready and willing to cooperate with the investigation
2
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
2 issues framed by the court
Whether the petitioners make out a case for release on pre-arrest bail without being a hindrance to investigation.
Whether the petitioners have no chance of absconding or tampering with prosecution evidence if released on bail.
Biswanath Mohalik
Susanta Mahunta
State of Odisha
S. PUJARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
