Allowed

Sarbeswar Mohanty v. State of Odisha

Orissa HC3 Feb 2022ABLAPL/625/2022

Case brief

AI extract

What is this about?

The High Court allowed a pre-arrest bail petition filed by Sarbeswar Mohanty apprehending arrest in a case under IPC Sections 294/323/353/506/34. The court held that release would not hinder the investigation as the co-accused is already on bail and the petitioner is willing to cooperate.

What did the court decide?

Release on bail in event of arrest under terms and conditions that include cooperation with investigation and no graver offence reported.

Sarbeswar Mohanty Vs State of Odisha — Bail and Remand | Orissa HC (2022)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

ABLAPL No.625 of 2022

¶3

Sarbeswar Mohanty

¶4

Petitioner

¶5

-versus-

¶6

State of Odisha

¶7

…. Opposite Party

¶8

CORAM: THE JUSTICE S.PUJAHARI

ORDER

Order No.

03.02.2022

This matter is taken up through virtual mode.

¶14

The Petitioner apprehending his arrest in Badambadi P.S. Case No.03 of 2022 registered for alleged commission of offence punishable under Sections 294/323/353/506/34 IPC has filed this petition for his release on pre-arrest bail.

¶15

Heard learned counsel for the petitioner and learned counsel for the State.

¶16

It is submitted by the learned counsel for the Petitioner that the co-accused has already been released on bail in the aforesaid case.

¶17

On consideration of the allegations made in the F.I.R. and also the submissions made, especially the nature and character of allegations, circumstances in which the offences stated to have been committed and also it being not disputed that the Petitioner’s release on pre-arrest bail shall not be an hindrance to a free and fair investigation, this Court is of the

¶18

Page 1 of 2

¶19

// 2 //

¶20

view that the Petitioner has made out a case for his release on pre-arrest bail, more particularly when he is ready and willing to cooperate with the investigation and he has no chance of absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail.

¶21

Hence, this Court directs that in the event of arrest of the Petitioner in connection with the aforesaid case, he be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper.

¶22

However, the aforesaid order is subject to the condition that the Petitioner shall cooperate with the investigation and no other graver offence is reported against the Petitioner besides the aforesaid offences.

¶23

The ABLAPL is, accordingly, disposed of being allowed.

¶24

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 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.

¶25

(S. Pujahari) Judge

¶26

PKS

Sarbeswar Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sarbeswar Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Naresh Mohapatra Vs State of Odisha

Titu@ Trilochan Pradhan Vs State of Odisha

D. Chiranjeevi Vs State of Odisha

Ipinit Vanaspati Vs State

Sakira Bibi Vs State

Binu @ Binay Kumar Maharna Vs State of Odisha