Disposed

D. Chiranjeevi v. State of Odisha

Orissa HC21 Jan 2022ABLAPL/16329/2021

Case brief

AI extract

What is this about?

The High Court disposed of a pre-arrest bail petition where the petitioner withdrew the prayer. The Court directed the court below to consider and decide the bail application expeditiously on the day of the petitioner's surrender, noting that this does not grant protection from arrest prior to surrender.

What did the court decide?

Direction to the court below to dispose of the bail application expeditiously on the same day of surrender.

D. Chiranjeevi 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.16329 of 2021

D. Chiranjeevi

Petitioner

-versus-

State of Odisha

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…. Opposite Party

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CORAM: THE 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 Jatadhari Muhan Marine P.S. Case No.06 of 2021 corresponding to Special G.R. Case No.33 of 2021 pending in the court of learned Addl. District & Sessions Judge-cum-Special Judge, Jagatsinghpur registered for alleged commission of offence punishable under Sections 363/366/368/506/34 IPC and Section 12 of the POSCO Act has filed this petition for his release on pre-arrest bail.

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Heard learned counsel for the Petitioner and 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 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.

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Page 1 of 2

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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 on its own merit expeditiously 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 intimated to him by the Petitioner. Release of the co-accused, if any, be addressed in proper perspective.

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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-10 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 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021 and Court’s Office order circulated vide Memo Nos.514 & 515 dated 7th January, 2022.

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(S. Pujahari) Judge

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PKS

D. Chiranjeevi v. State of Odisha

Case brief

What is this about?

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D. Chiranjeevi v. State of Odisha

Case brief

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