Disposed

Prasanta Bhukta @ Prashanta Bhukta v. State of Odisha

Orissa HC24 Sept 2021ABLAPL/4563/2021

Case brief

AI extract

What is this about?

The单层bench disposed of a bail petition where the petitioner renounced the pre-arrest relief but wished to surrender. The court directed the lower court to hear the surrender and bail application on the same day upon intimation.

What did the court decide?

+ Passage to petitioner to surrender before the lower court and move for bail on the same day; direction to lower court to dispose of bail application on same day; incidentali.

Prasanta Bhukta @ Prashanta Bhukta Vs State of… — Child Sexual Offences (POCSO) | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.4563 of 2021

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Prasanta Bhukta @ …. Petitioner Prashanta Bhukta

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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

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Order No.

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ORDER 24.09.2021 1. This matter is taken up through hybrid mode.

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The Petitioner apprehending his arrest in Manamunda P.S. Case No.19 of 2021, corresponding to C.T. Case No.97 of 2021 pending in the court of Addl. Sessions Judge-CumSpecial Judge, Boudh for alleged commission of offence punishable under Sections 376(2)(n)/313/363/294/506 read with Section 34 of I.P.C. and Sections 4 & 6 of POCSO Act, has filed this petition for his release on pre-arrest bail.

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

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Learned counsel for the Petitioner during the course of argument submits that he does not want to press this petition for pre-arrest bail. However, it is submitted that since the

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Petitioner intends to surrender and move for bail before the court below, direction may be given to the court below to dispose of the bail application of the Petitioner on the same day and the case diary be made available on the date of his surrender.

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Considering such submission made, it is observed that if the Petitioner surrenders in the aforesaid case before the Court in seisin over the matter and makes a motion for bail, the Court in seisin over the matter shall consider and dispose of the bail application of the Petitioner on its own merit on the same day. The incriminating materials collected against the Petitioner be sent by the I.O. to the Court on the date of surrender, if the date of surrender is intimated to him by the Petitioner.

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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 this order be granted on proper application.

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(S. Pujahari) Judge

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RKS

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Prasanta Bhukta @ Prashanta Bhukta v. State of Odisha

Case brief

What is this about?

What did the court decide?

Prasanta Bhukta @ Prashanta Bhukta 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

Statutes considered

Parties & counsel

Coram

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