Disposed¶20

Prakash Pradhan v. State of Odisha

Orissa HC6 Apr 2024ABLAPL/1776/2024

Case brief

AI extract

What is this about?

ABLAPL 1776 of 2024; High Court of Orissa; Justice Chittaranjan Dash; 06.04.2024; anticipatory bail refused; S.438 Cr.P.C.; IPC Ss.341, 294, 323, 324, 307, 506, 34; Prakash Pradhan; grievous injury; Jarada P.S. Case No.46 of 2024; G.R Case No.60 of 2024; J.M.F.C. Patrapur; surrender within three weeks; bail first hour on merits; higher forum second hour same day; case diary.

What did the court decide?

Anticipatory bail declined; conditional liberty to surrender before the learned J.M.F.C., Patrapur (Jarada P.S. Case No.46 of 2024 / G.R Case No.60 of 2024) within three weeks and apply for regular bail, to be heard in the first hour on merits; if rejected, recourse to the higher forum in the second hour of the same day; case diary to be made available to the courts below. ¶20

Prakash Pradhan Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the Petitioners, who apprehend arrest for alleged involvement in offences under Sections 341/294/323/324/307/506/34 IPC.

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Court's answer

Anticipatory bail is refused: keeping in view the submissions of the parties, the nature of allegations emerging from the material on record, the circumstances appearing, and the seriousness and gravity of the offences, the Court is not inclined to grant anticipatory bail.

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Ratio / Principle

Conditional directions in lieu of anticipatory bail: the Petitioners are at liberty to surrender before the learned J.M.F.C., Patrapur within three weeks in connection with Jarada P.S. Case No.46 of 2024 / G.R Case No.60 of 2024 and move for bail; the court in seisin shall consider the bail application in the first hour of the day, strictly on the basis of the materials on record, on its own merit.

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Key takeaways

Fallback direction: in case of rejection of the bail application by the learned court below, the Petitioners may move for bail before the higher forum in the second hour of the same day, and the higher forum shall consider and dispose of the application on its own merit.ratio¶19
The case diary is to be made available to the learned courts below, and the ABLAPL stands disposed of accordingly.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail — S.438 Cr.P.C. — refused on account of the seriousness and gravity of the alleged offences (Ss.341/294/323/324/307/506/34 IPC); learned counsel for the State submitted that the injury sustained by the injured is grievous in nature. Applicants directed to surrender before the learned J.M.F.C., Patrapur within three weeks in connection with Jarada P.S. Case No.46 of 2024 / G.R Case No.60 of 2024 and to move for regular bail, which the court in seisin shall take up in the first hour of the day strictly on the record and on its own merit; upon rejection, the higher forum is to hear the application in the second hour of the same day on its own merit; case diary to be made available to the courts below. ABLAPL disposed of accordingly.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No. 1776 of 2024

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Prakash Pradhan & others …. Petitioners Mr. S.K. Pradhan, Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. D. Biswal, A.S.C. Mr. A. Mishra, Advocate for the Informant

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CORAM:

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JUSTICE CHITTARANJAN DASH

ORDER

Order No.

06.04.2024

Heard learned counsel for the Petitioners, the Informant and the State.

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This is an application for bail U/s.438 Cr.P.C. filed by the Petitioners in apprehension of arrest for their alleged involvement in the offences U/s.341/294/323/324/307/506/34 of IPC.

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Learned counsel for the State submits that the injury sustained by the injured is grievous in nature.

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Keeping in view the submission of the parties and having gone through the nature of allegations as emerged from the material on record and further the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail. However, the Petitioners are at liberty to surrender before the learned J.M.F.C., Patrapur, in connection with Jarada P.S. Case No.46 of 2024 corresponding to G.R Case No.60 of 2024 within three weeks from today and moves for bail, in which event,

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// 2 //

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the learned court in seisin over the matter shall consider the bail application of the Petitioners in the first hour of the day, strictly on the basis of the materials available on record in its own merit.

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In case of rejection of the bail application by the learned court, the Petitioners may move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of the Petitioners on its own merit.

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Case diary be made available to the learned courts below. The ABLAPL is disposed of accordingly.

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(Chittaranjan Dash)
Judge
Bijay

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Signature Not Verified

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Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 08-Apr-2024 19:42:46

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Prakash Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Prakash Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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