Dismissed

Dusmanta Das v. State of Odisha(Excise Dept.)

Orissa HC21 Jan 2022ABLAPL/16353/2021

Case brief

AI extract

What is this about?

Petitioner sought pre-arrest bail under the Orissa Excise Act. Court observed that if Petitioner surrenders, the lower court must consider and dispose of the bail application on merits the same day, without sending incriminating materials to court first. Dismissed the petition as unnecessary given the surrender direction.

What did the court decide?

The ABLAPL is disposed of; the lower court is directed to dispose of the bail application on the same day of surrender.

Dusmanta Das Vs State of Odisha(Excise Dept.) — Bail and Remand | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.16353 of 2021

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Sri Dusmanta Das

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Petitioner

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-versus-

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State of Odisha (Excise Deptt.)

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…. Opposite Party

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CORAM: JUSTICE S.PUJAHARI

ORDER

Order No.

21.01.2022

This matter is taken up through virtual mode.

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The Petitioner apprehending his arrest in P.R. No.64/20212022 of A.S.I. of Excise, District Mobile Squad, Jajpur, corresponding to 2(a)C.C. Case No.178 of 2021, pending in the Court of S.D.J.M., Jajpur, registered for alleged commission of offence punishable under Section 52(a)(i) of the Orissa Excise (Amendment) Act, 2008, 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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Considering the submission made, it is observed that if the Petitioner surrenders in the aforesaid case before the Court in seisin

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// 2 //

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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 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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DA/PKS/SKB

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Dusmanta Das v. State of Odisha(Excise Dept.)

Case brief

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Dusmanta Das v. State of Odisha(Excise Dept.)

Case brief

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