Disposed

Prabhudatta Das v. State of Odisha

Orissa HC6 May 2022ABLAPL/8197/2021

Case brief

AI extract

What is this about?

Petitioner sought pre-arrest bail in a case involving offences under IPC and IT Act. Court declined primary bail relief but conditioned release on surrender before S.D.J.M., Bhubaneswar, with provision for higher forum reconsideration if first application fails. Order instituted but not finalized as impediment on police apprehension.

What did the court decide?

Petitioner directed to surrender before S.D.J.M., Bhubaneswar within one hour for bail consideration; if rejected, higher forum to consider same day.

Prabhudatta Das Vs State of Odisha — Bail and Remand | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.8197 of 2021

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Prabhudatta Das

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Petitioner

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-versus-

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State of Odisha

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Opposite Party

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CORAM:

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THE JUSTICE S.PUJAHARI

Order No.

ORDER 06.05.2022

Though this matter was reserved for order but due to certain clarification, this matter is listed today under the heading “To be mentioned” and taken up through Hybrid mode. 2. The Petitioner apprehending his arrest in Sahidnagar P.S. Case No.258 of 2021, corresponding to C.T Case No.3524 of 2021, pending in the court of S.D.J.M., Bhubaneswar registered for alleged commission of offences punishable under Sections 419/420/465/467/468/471/120-B IPC and under Sections 66(C)/66(D) of the I.T 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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Mr. Santanu Kumar Sarangi, learned Senior Advocate for the Petitioner, submits that in the meanwhile other co-accused persons have been released on bail. Therefore, the Petitioner be released on bail. But I am not inclined to do so.

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Page 1 of 2

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// 2 //

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However, considering the submission made, it is observed that if the Petitioner surrenders in the aforesaid case in the first hour before the court of S.D.J.M., Bhubaneswar and makes a motion for bail, the learned S.D.J.M., Bhubaneswar shall consider and dispose of the same in accordance with law during the first hour. In case of rejection of the bail application, the Petitioner may move for bail before the next higher forum in the second hour and in that event, the bail application of the Petitioner shall be considered and disposed of by the higher forum in accordance with law on the same day, if there is no other legal impediment. Release of the co-accused, if any, be addressed in proper perspective.

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Case Diary be made available to the court concerned, if a copy of this order is given to the I.O. through registered post with A.D. by the Petitioner indicating the date of surrender.

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Records shall be transmitted to the higher forum. Cost, if any, shall be paid by the Petitioner.

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However, it is made clear that this order is not an impediment on the part of the police to proceed against the Petitioner in accordance with law for his apprehension before he surrenders, if the police so desired.

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The ABLAPL is, accordingly, disposed of.

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Urgent certified copy of this order be granted on proper application.

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(S. Pujahari) Judge

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PKS

Prabhudatta Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Prabhudatta Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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