Disposed

Naresh Mohapatra v. State of Odisha

Orissa HC21 Jan 2022ABLAPL/16318/2021

Case brief

AI extract

What is this about?

In this bail petition apprehending arrest in a criminal case, the Court observed that while the Petitioner intends to surrender and seek bail in the trial court, the Court below must dispose of the application on the same day if surrender is made without impediment, this not being a protection from arrest.

What did the court decide?

The pre-arrest bail petition (ABLAPL No.16318 of 2021) was disposed of with a direction to the trial court to consider and dispose of the bail application on the same day of surrender.

Naresh Mohapatra Vs State of Odisha — Anticipatory Bail | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.16318 of 2021

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Naresh Mohapatra

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Petitioner

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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

Order No.

ORDER 21.01.2022

This matter is taken up through virtual mode.

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The Petitioner apprehending his arrest in Banpur P.S. Case No.281 of 2015, corresponding to T.R. Case No.187 of 2015, pending in the Court of Additional Sessions Judge, Bhubaneswar, registered for alleged commission of offences punishable under Sections 451, 363, 323 read with Section 34 of the I.P.C., Section 27 of the Arms Act, 1959 and Section 4 of the Protection of Children from Sexual Offence Act, 2012, 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 course of argument submits that he does not want to press this petition for pre-arrest bail since the Petitioner intends to surrender and move for bail before the court below. However, he submits that direction may be given to the court below to dispose of the bail application of the Petitioner on the same day.

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// 2 //

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Considering the 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 in accordance with law on the same day, if there is no other legal impediment. Release of the co-accused, if any, be addressed in proper perspective. 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 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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As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout copy of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587, dated 25^th March, 2020 as modified by Court’s Notice No.4798, dated 15^th April, 2021 and Court’s Office order circulated vide Memo Nos.514 & 515 dated 7^th January, 2022.

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(S.Pujahari) Judge

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DA/PKS/SKB

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Naresh Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Naresh Mohapatra v. State of Odisha

Case brief

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