The High Court rejected a petition for pre-arrest bail, noting no change in circumstances existed since a co-ordinate bench on merit had previously refused the prayer in 2019, making the current request an impermissible review.
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 AT CUTTACK
ABLAPL No.15171 of 2021
Alekh Hati & others.
Petitioners
-versus-
State of Odisha & another. …. Opposite Parties
CORAM: JUSTICE S. PUJAHARI
Order No.
ORDER 13.04.2022
Page 1 of 2
// 2 //
prayer for pre-arrest bail of the petitioners by a co-ordinate Bench, had refused to release the petitioner on pre-arrest bail vide the order passed in the aforesaid ABLAPL. Since then, there is no change in circumstances. Therefore, allowing this petition would tantamount to review of the earlier order passed without any apparent or cogent reason which is not permissible. Hence, the prayer for pre-arrest bail of the petitioners stands rejected.
6. Accordingly, the ABLAPL stands disposed of being
MRS
dismissed.
(S. Pujahari)
Judge
Page 2 of 2
2 issues framed by the court
Whether the pre-arrest bail petition should be allowed given the lack of change in circumstances and subsequent to the rejection of an earlier bail application on merit.
Whether the restriction of a review of orders due to absence of cogent reasons is enforceable in bail matters.
2 provisions across 2 enactments
Alekh Hati & others
State of Odisha
S. PUJAHARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
