Parameswar Sethi Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Parameswar Sethi Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

Pre-arrest bail not granted; Petitioners directed to surrender and move for bail before the Court in seisin over the matter within three weeks, failing which no release; on such surrender they shall be released on bail on such terms and conditions as that Court deems just and proper, subject to verification of the Petitioners' criminal antecedents and the condition of the injured, and with the order inoperative if any criminal antecedent is found or the injured's condition is critical.

Issue for consideration

Whether the Petitioners are entitled to pre-arrest bail under Section 482 of BNSS, 2023 in connection with Balasore Sadar P.S. Case No.300 of 2024 (C.T. No.495 of 2024) for alleged commission of offences punishable under Sections 126(2)/115(2)/296/351(2)/3(5) of B.N.S, 2023.

Court's answer

This Court, taking into consideration the facts stated, was not inclined to grant pre-arrest bail to the Petitioners.

Ratio / Principle

However, in the event the Petitioners surrender and move for bail before the Court in seisin over the matter within a period of three weeks, they shall be released on bail on such terms and conditions as the Court in seisin may deem just and proper.

Key takeaways

Violation of any conditions shall entail cancellation of the bail application.ratio¶22
The bail granted to the Petitioners is subject to verification of their criminal antecedents as well as the condition of the injured.ratio¶23
In the event it is found by the court below that the Petitioners are having any criminal antecedent or the condition of the injured is critical, then this order shall not be given effect to.ratio

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Aditya Kumar Mohapatra, J.), ABLAPL No.9809 of 2024, order dated 13.09.2024: Application under Section 482 of BNSS, 2023 for pre-arrest bail in connection with Balasore Sadar P.S. Case No.300 of 2024, corresponding to C.T. No.495 of 2024, pending before the learned J.M.F.C. (City), Balasore, for alleged offences punishable under Sections 126(2)/115(2)/296/351(2)/3(5) of B.N.S, 2023. The Petitioners had earlier filed ABLAPL No.8278 of 2024, wherein by order dated 16.08.2024 this Court had directed surrender and release on bail subject to verification of injury; at the time of surrender it was learnt that one injury sustained by the injured was grievous in nature, while counsel stated the injured had been discharged after preliminary treatment and was hale and hearty, and that the Petitioners had no similar criminal antecedent. The Court declined pre-arrest bail but directed that if the Petitioners surrendered and moved for bail before the Court in seisin within three weeks, they would be released on bail on such terms and conditions as that Court deemed just and proper, violation entailing cancellation. The bail was made subject to verification of the Petitioners' criminal antecedents and the condition of the injured; if any criminal antecedent is found or the injured's condition is critical, the order shall not be given effect to. The ABLAPL was disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9809 of 2024

1) Parameswar Sethi

Dayanidhi Sethi

..... Petitioners

Represented By Adv. – Mr. Ramakanta Panda

-versus-

State Of Odisha

..... Opposite Parties Represented By Adv. –

Mr. Samaresh Jena, ASC

CORAM:

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).

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

The present application has been filed under Section 482 of BNSS, 2023 by the Petitioners seeking pre-arrest bail in connection with Balasore Sadar P.S. Case No.300 of 2024, corresponding to C.T. No.495 of 2024, pending in the court of learned J.M.F.C. (City), Balasore, for alleged commission of offences punishable under Sections 126(2)/115(2)/296/351(2)/3(5) of B.N.S, 2023.

It is stated by the learned counsel for the Petitioners that the Petitioners have earlier approached this Court by filing ABLAPL No.8278 of 2024 and this Court vide order dated 16.08.2024 had directed them to surrender and go on bail. However, such release on

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bail subject to verification of injury. He further contended that at the time of surrender of the Petitioners, it came to learn that one of the injury sustained by the injured is grievous in nature. He further submitted that the injured after preliminary treatment has been discharged from the hospital and he is hale and hearty now. He further submitted that the Petitioners do not have any similar criminal antecedent.

Taking into consideration the aforesaid fact, this Court although is not inclined to grant pre-arrest bail to the Petitioners, however it is observed that, in the event the Petitioners surrender and move for bail before the Court in seisin over the matter within a period of three weeks from today, they shall be released on bail on such terms and conditions as the Court in seisin over the matter may deem just and proper. Violation of any conditions shall entail cancellation of the bail application.

It is further directed that the bail granted to the Petitioners is subject to verification of criminal antecedent of the Petitioners as well as condition of the injured. In the event it is found by the court below that the Petitioners are having any criminal antecedent or the condition of the injured is critical, then this order shall not be given effect to.

The ABLAPL is disposed of accordingly.

Urgent certified copy of this order be granted as per rules.

Signature Not Verified

( Aditya Kumar Mohapatra)

Judge

Digitally Signed Signed by: DEBASIS AECH Debasis Reason: Authentication Location: ORISSA HIGH COURT Date: 17-Sep-2024 10:15:04

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