Orissa High Court
Pabitra Biswal vs State Of Odisha .... Opposite Party on 29 July, 2021
Author: S.Pujahari
Bench: S.Pujahari
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.6958 of 2020
Pabitra Biswal .... Petitioner
-versus-
State of Odisha .... Opposite Party
CORAM: JUSTICE S.PUJAHARI
ORDER
29.07.2021 Order No.
06. 1. This matter is taken up by video conferencing mode.
2. Heard learned counsel for the petitioner and learned counsel for the State.
3. The petitioner apprehending his arrest in G.R. Case No.450 of 2019 arising out of Balanga P.S Case No.97 of 2019 pending on the file of J.M.F.C., Nimapara, registered for alleged commission of offence punishable under Sections 498- A, 302, 304-B read with Section 34 of the I.P.C., has filed this petition for his release on pre-arrest bail.
4. Learned counsel for the petitioner during the course of hearing, submits that he does not want to press this petition for pre-arrest bail as the petitioner intends to surrenders and move for bail before the Court below. However, he submits to direct Page 1 of 3 // 2 // the Court below to dispose of the bail application of the petitioner on the same day.
5. Considering the submission made, it is observed that if the petitioner surrenders in the aforesaid case in the first hour before the court of J.M.F.C., Nimapara, and makes a motion for bail, learned J.M.F.C., Nimapara, shall consider and dispose of the same in accordance with law during the first hour. In case of rejection of the bail application, the petitioner may move for bail before the next higher forum in the second hour and in that event, the bail application of the petitioner shall be considered and disposed of by the higher forum in accordance with law on the same day, if there is no other legal impediment. Records shall be transmitted to the higher forum. Cost, if any, shall be paid by the petitioner. Released of the co-accused, if any shall be addressed in proper perspective.
6. However, it is made clear that this order is not an impediment on the part of the police to proceed against the petitioner in accordance with law for his apprehension before he surrenders, if the police so desired.
7. The ABLAPL is, accordingly, disposed of.
8. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the Page 2 of 3 // 3 // concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021.
(S. Pujahari) Judge RKS/SKB Page 3 of 3