Jagannath @ Jagabandhu Malla v. State of Odisha
Case brief
What is this about?
Petitioner seeks anticipatory bail in a National Hydraulic Act case involving POCSO. Bench declines to reconsider prior prayer but directs that bail be disposed of based on merits if petitioner surrenders within two weeks.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1787 of 2024
Jagannath @ Jagabandhu Malla …. Petitioner Mr.R.S. Samal, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. P.K. Mohanty, ASC
CORAM:
MR. JUSTICE D.DASH ORDER 14.03.2024
Order No.
- This matter is taken up through hybrid arrangement (hybrid/physical) mode.
- This is the second journey of the petitioner, who having been implicated in connection with Kujanga P.S. Case No.217(2) of 2013 corresponding to Special G.R. Case No.19 of 2016 registered for alleged commission of offence under sections 392, 376 (D)/506/34 of the IPC read with section 6 of the POCSO Act and section 30 of the Arms Act pending on the file of the learned Additional Sessions Judge, Jagatsinghpur has filed this petition under section 438 of Cr.P.C. for his release on bail in the event of his arrest in the said case.
Issues for consideration
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a NH case involving POCSO offenses given co-accused bail and no arrest.
Whether the petitioner's prior petition history precludes reconsideration of his bail prayer.
Parties & counsel
- petitioner
Jagannath @ Jagabandhu Malla
- respondent
State of Odisha
Coram
D. Dash
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court