Disposed¶24

Nana @ Sk Sadik Quadri v. State of Odisha

Orissa HC13 Sept 2024ABLAPL/9806/2024

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack - ABLAPL No.9806 of 2024, order dated 13.09.2024, Justice Aditya Kumar Mohapatra: anticipatory/pre-arrest bail refused to Nana @ Sk Sadik Quadri in theft case (Sections 379/34 IPC, Bansada P.S. Case No.35 of 2019 / G.R. Case No.85 of 2019); liberty to surrender before JMFC Chandbali within 21 working days, first-hour bail consideration on merits, and parity-based same-day consideration by higher forum upon rejection.

What did the court decide?

Pre-arrest bail declined; petitioner granted liberty to surrender before the learned J.M.F.C., Chandbali in the first hour within 21 working days and move for bail, with first-hour consideration by the Magistrate and, upon rejection, same-day consideration by the higher forum maintaining principles of parity, if applicable. ¶24

Nana @ Sk Sadik Quadri Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Bansada P.S. Case No.35 of 2019 (G.R. Case No.85 of 2019) for offences under Sections 379/34 of I.P.C., should be released on pre-arrest bail.

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Court's answer

The court was not inclined to grant pre-arrest bail to the petitioner (sentence continues across the page break from para 20 into para 22).

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Ratio / Principle

The petitioner was given liberty to surrender before the learned J.M.F.C., Chandbali in the first hour within 21 working days and move for bail; the learned Magistrate was directed to consider the bail application in the first hour strictly on the basis of the materials on record.

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Key takeaways

In case of rejection of the bail application, the petitioner may move the higher forum in the second hour, which shall consider and dispose of the bail application on the same day strictly on the basis of the materials on record, maintaining the principles of parity, if applicable.ratio¶22

Detailed headnote1 paragraphs

Pre-arrest bail - refused. The petitioner, apprehending arrest in Bansada P.S. Case No.35 of 2019 (G.R. Case No.85 of 2019) pending before the learned J.M.F.C., Chandbali, for offences punishable under Sections 379/34 of I.P.C., sought release on pre-arrest bail. Although counsel stated that most co-accused persons had been enlarged on bail and the stolen articles recovered, the court declined pre-arrest bail but granted liberty to surrender before the learned Magistrate within 21 working days, directing consideration of the bail application in the first hour strictly on the materials on record and, in case of rejection, same-day disposal by the higher forum maintaining the principles of parity, if applicable.

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9806 of 2024

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Nana @ Sk Sadik Quadri

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.....

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Petitioner

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Represented By Adv. – Mr. Jayakrishna Mohapatra

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-versus-

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State Of Odisha

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..... Opposite Party

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Represented By Adv. –

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Mr. Samaresh Jena, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

13.09.2024

Order No.

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

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Heard learned counsel for the parties and perused the records.

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The Petitioner apprehending his arrest in Bansada P.S. Case No.35 of 2019, corresponding to G.R. Case No.85 of 2019, pending on the file of learned J.M.F.C., Chandbali, registered for alleged commission of offences punishable under Sections 379/34 of I.P.C., has filed this petition for his release on pre-arrest bail.

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It is stated by the learned counsel for the Petitioner that most of the co-accused persons have been enlarged on bail in the meantime. He further contended that the stolen articles have been recovered in the meantime.

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Considering such submission, I am not inclined to grant pre-

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Page 1 of 1.

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arrest bail to the Petitioner. However, the Petitioner is given liberty to surrender before the learned J.M.F.C., Chandbali 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 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 on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

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