Hemanta Kumar Dash @ Gulu Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Hemanta Kumar Dash @ Gulu Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

The ABLAPL was disposed of: the application was infructuous for Petitioner Nos.1 to 3 (already arrested); Petitioner No.4 received no anticipatory bail grant but a conditional protocol — if his name remains in the charge sheet, liberty to surrender within 21 working days and seek bail for first-hour consideration by the Magistrate, with same-day disposal by the higher forum (second hour) maintaining parity if applicable; Case Diary to be made available and records transmitted to the higher forum at Petitioner No.4's cost if applied for.

Issue for consideration

Whether the Petitioners, apprehending arrest in C.T. Case No.1285 of 2024 (arising out of Dhauli P.S. Case No.166 of 2024) for alleged offences under Sections 127(1), 118(1), 3(5) of B.N.S., should be granted anticipatory bail. +1 more

Court's answer

Since Petitioner Nos.1 to 3 had been arrested in the meantime, the anticipatory bail application was treated as infructuous in respect of Petitioner Nos.1 to 3.

Ratio / Principle

If the name of Petitioner No.4 is found deleted from the charge sheet, there is no apprehension of arrest against him and his anticipatory bail application is not maintainable.

Key takeaways

If, contrary to counsel's submission, Petitioner No.4's name is found in the charge sheet, he was given liberty to surrender before the court in seisin within 21 working days and move for bail, with the learned Magistrate to consider the application in the first hour strictly on the materials on record.ratio¶19
In case of rejection of bail by the Magistrate, Petitioner No.4 may move before the higher forum in the second hour, and the higher forum shall dispose of the application the same day strictly on the materials on record, maintaining the principles of parity if applicable.ratio¶19

Detailed headnote1 paragraphs

Anticipatory bail (ABLAPL No.7982 of 2024, High Court of Orissa, decided 29.11.2024, Aditya Kumar Mohapatra, J.) by four petitioners apprehending arrest under Sections 127(1), 118(1), 3(5) B.N.S. in C.T. Case No.1285 of 2024 (J.M.F.C.-V, Bhubaneswar) arising from Dhauli P.S. Case No.166 of 2024. Petitioner Nos.1 to 3 having been arrested in the interim, the application became infructuous for them. As regards Petitioner No.4, reported to have been deleted from the charge sheet, the court held that if his name is indeed deleted there is no apprehension of arrest and the anticipatory bail application is not maintainable; if his name is nonetheless found in the charge sheet, he was given liberty to surrender within 21 working days and move for bail, to be considered by the Magistrate in the first hour strictly on the materials on record, failing which the higher forum shall dispose of his application the same day maintaining parity if applicable. Case Diary ordered made available; records transmissible to the higher forum at Petitioner No.4's cost. Application disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7982 of 2024

1) Hemanta Kumar Dash @ ..... Petitioners Gulu 2) Sambhunath Dash @ Represented By Adv. – Sambhu Dash Mr.Sudeep Kumar Sarangi, Sr. Adv. 3) Sudarshan Dash @ Gunthia along with Dash Mr.Debidutta Mohapatra, 4) Bibhuti Bhusan Sahoo @ Adv. Bula Sahu

-versus-

State Of Odisha ..... Opposite Party

Represented By Adv. – M.R.Mohanty, A.G.A.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR

MOHAPATRA

ORDER

29.11.2024

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

Heard learned counsel for both the parties and perused the records.

The Petitioners are apprehending arrest for the alleged commission of offence under Sections 127(1), 118(1), 3(5) of B.N.S.

Page 1 of 3.

in C.T. Case No.1285 of 2024 of the Court of the learned J.M.F.C.-V, Bhubaneswar arising out of Dhauli P.S. Case No.166 of 2024.

It is stated by learned counsel for the Petitioners that the Petitioner Nos.1 to 3 have been arrested in the meantime. Accordingly, the bail application has become infructuous in respect of Petitioner Nos.1 to 3. So far the Petitioner No.4 is concerned, it is stated that the name of the Petitioner No.4 has been deleted from the charge sheet.

In such view of the matter, in the event it is found that the name of the Petitioner No.4 has been deleted from the charge sheet, therefore, there is no apprehension of arrest against the Petitioner No.4, as such, the anticipatory bail application is not maintainable. However, if it is found that the name of the Petitioner No.4 is there in charge sheet, contrary to the submissions of learned counsel for the Petitioners, the Petitioner No.4 is given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner No.4 may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner No.4 on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner No.4, if applied for.

Page 2 of 3.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy of the order as per Rules.

( A.K Mohapatra ) Judge

Anil

Signature Not Verified Page 3 of 3.

Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 29-Nov-2024 18:45:55