The High Court rejected a petition for pre-arrest bail seeking review of an earlier order directing surrender. The court declined to entertain a new Section 438 Cr.P.C. application on the ground that a co-accused had been released on bail.
Prayer for pre-arrest bail of the Petitioner stands rejected.
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.16645 of 2021
Padmanabha Naik
Petitioner
-versus-
State of Odisha
…. Opposite Party
CORAM: JUSTICE S. PUJAHARI
Order No.
ORDER 15.07.2022
Page 1 of 2
// 2 //
again approached this Court by filing the instant bail application on the ground that co-accused has already been released on bail.
6. Accordingly, the prayer for pre-arrest bail of the Petitioner stands rejected.
DA
(S. Pujahari)
Judge
Page 2 of 2
3 issues framed by the court
Whether a petition for pre-arrest bail can be entertained on the ground that another co-accused has been released on bail after an earlier order directed surrender.
Whether a prayer under Section 438 Cr.P.C. can be considered to review an earlier order directing surrender which was not complied with.
Whether the prayer for pre-arrest bail stands accepted in the present facts.
4 provisions across 4 enactments
Padmanabha Naik
State of Odisha
S. PUJAHARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
