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Amar Kumar Swain Vs State of Odisha — Bail and Remand | Orissa HC (2022)

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Orissa HC
2022
Amar Kumar Swain Vs State of OdishaAmar Kumar Swain v. State of Odisha

Dismissed

Amar Kumar Swain v. State of Odisha

Orissa HC25 Apr 2022ABLAPL/16456/2020

Case brief

AI extract

What is this about?

The court directed that if the petitioner surrenders before the designated sessions court within three weeks and applies for bail in the underlying Laxmi Sagar P.S. case, he shall be released on bail just terms with a condition not to tamper with evidence.

What did the court decide?

Directed release on bail if petitioner surrenders within three weeks and moves for relief before designated court.

What the court decided

AI extract

Outcome

Directed release on bail if petitioner surrenders within three weeks and moves for relief before designated court.

Issue for consideration

Whether the petitioner should be granted bail upon surrender before the designated court.

Detailed headnote1 paragraphs

In criminal proceedings, the petition for bail and release was not disposed of immediately. Instead, the High Court granted a conditional direction stating that if the petitioner surrenders to the concerned Sessions Court within three weeks and moves for bail, he shall be released on appropriate terms, subject to a condition against tampering with evidence.

A compact analysis

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.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.16456 OF 2020

Amar Kumar Swain

…. Petitioner Mr.A.K. Paul, Advocate

-versus-

State of Odisha

…. Opposite Party Mr.G.N.Rout, ASC.

CORAM:

MR. JUSTICE D.DASH ORDER

Order No.

25.04.2022

This matter is taken up through hybrid arrangement (virtual/physical) mode.

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

Considering the submissions and on going through the nature of accusations; further keeping in view the surrounding circumstances of the case as also concerning the Petitioner and in the absence of any other impediment, it is directed that in the event the Petitioner surrenders before the Court in seisin of the case in connection with Laxmi Sagar P.S. Case No.358 of 2020 corresponding to pending on the file of the learned S.D.J.M., Bhubaneswar, within three weeks hence and moves for his release on bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the said Court with further condition that he will not tamper the evidence in any manner.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan

Page 1 of 1

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner should be granted bail upon surrender before the designated court.

Parties & counsel

AI extract

petitioner
Amar Kumar Swain
respondent
State of Odisha

Coram

AI extract

D. DASH

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 25 Apr 2022 · April
Registered: 30 Dec 2020
Case no.: ABLAPL/16456/2020
CNR: ODHC010805852020
Topic: Bail and Remand
Bench: D.dash
Disposal: Disposed Off

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Cite this judgement

Amar Kumar Swain v. State of Odisha, ABLAPL/16456/2020 (OD), decided on 25 April 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

D. DASH

Parties & counsel