Sandip @ Panu @ Pradip Sahoo Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Sandip @ Panu @ Pradip Sahoo Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

Pre-arrest bail refused; however, conditional undertaking granted — if the Petitioner surrenders before the court in seisin within three weeks and moves a bail application, the seizing court shall release him on bail on terms it deems just and proper, subject to verification of criminal antecedent and injury report; the order auto-revokes if a criminal antecedent is found or injuries are grievous, and violation of conditions shall entail cancellation of bail.

Issue for consideration

Whether pre-arrest bail should be granted to the Petitioner in connection with Parjanga P.S. Case No.367 of 2024 / G.R. Case No.519 of 2024 (pending before J.M.F.C., Parjanga) for alleged offences under Sections 126(2), 296, 115(2), 117(2), 351(2) of BNS, 2023.

Court's answer

Pre-arrest bail is NOT granted to the Petitioner, considering the nature of allegation, gravity of offence and the fact of the case.

Ratio / Principle

Conditional direction: in the event the Petitioner surrenders before the court in seisin within three weeks and moves an application for bail, he will be released on bail in connection with the aforesaid case.

Key takeaways

Such release on bail shall be on such terms and conditions as the court in seisin may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent and injury report.ratio¶21
If the Petitioner is found to have any criminal antecedent, or the injuries are found grievous in nature, this order stands automatically revoked.ratio¶21
Violation of any of the terms and conditions shall entail cancellation of bail.

Detailed headnote1 paragraphs

Orissa HC (Cuttack) — Order dated 06.09.2024 (A.K. Mohapatra, Judge) in ABLAPL No.9590 of 2024 (Sandip @ Panu @ Pradip Sahoo v. State of Odisha): Petitioner applied under Section 482 of BNSS for pre-arrest bail in respect of Parjanga P.S. Case No.367 of 2024, corresponding to G.R. Case No.519 of 2024, pending before J.M.F.C., Parjanga, alleging offences punishable under Sections 126(2), 296, 115(2), 117(2), 351(2) of BNS, 2023. Judge declined pre-arrest bail considering the nature of allegation, gravity of offence and the fact of the case, but directed that if the Petitioner surrendered before the court in seisin within three weeks and moved a bail application, the seizing court would release him on bail on such terms and conditions as deemed just and proper, subject to verification of criminal antecedent and injury report; the order would stand automatically revoked if any criminal antecedent was found or injuries proved grievous, and violation of terms would entail cancellation of bail. The ABLAPL was disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9590 of 2024

Sandip @ Panu @ Pradip

..... Petitioner

Sahoo

Represented By Adv. - Khageswar Behera

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. – Mr. Samaresh Jena, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

06.09.2024

Order No.

This matter is taken up through Hybrid mode.

Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State.

The present application has been filed under Section 482 of BNSS by the Petitioner seeking pre-arrest bail in connection with Parjanga P.S. Case No.367 of 2024, corresponding to G.R. Case No.519 of 2024, pending in the court of learned J.M.F.C., Parjanga, for alleged commission of offences punishable under Sections 126(2), 296, 115(2), 117(2), 351(2) of BNS, 2023.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant pre-arrest bail to the Petitioner. However, it is directed that in the event the Petitioner surrender before the Court in seisin over the matter within a period of three weeks from today and move an application for bail, the

Page 1 of 2.

Court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent & injury report. In the event, the Petitioner is having any criminal antecedent and the injuries are found grievous in nature, then this order stands automatically revoked. Violation of any of the terms and conditions shall entail cancellation of bail.

5. Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra ) Judge

S.K. Rout

Signature Not Verified

Digitally Signed Signed by: SANTANU KUMAR ROUT Page 2 of 2. Reason: Authentication Location: High Court of Orissa, C utta ck Date: 06-Sep-2024 20:27:52