Orissa High Court
Sk. Mamud @ Mabud vs State Of Odisha .... Opposite Party on 1 October, 2021
Author: S.Pujahari
Bench: S.Pujahari
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.11667 of 2021
Sk. Mamud @ Mabud .... Petitioner
-versus-
State of Odisha .... Opposite Party
CORAM:
THE JUSTICE S.PUJAHARI
ORDER
Order 01.10.2021
No.
01. 1. This matter is taken up through Hybrid mode.
2. The Petitioner apprehending his arrest in
Sahadevkhunta P.S. Case No.336 of 2013 corresponding to C.T. Case No.2335 of 2013 pending in the court of S.D.J.M., Balasore registered for alleged commission of offence punishable under Sections 147/148/149/294/506/323 IPC read with Section 25 of the Arms Act has filed this petition for his release on pre-arrest bail.
3. Heard learned counsel for the petitioner and learned counsel for the State.
4. This case is of the year 2013. The dispute occurred at the time of Municipal Election.
5. Learned counsel for the Petitioner during the course of argument submits that he does not want to press this petition for pre-arrest bail. However, it is submitted that since the Petitioner intends to surrender and move for bail before the court below, Page 1 of 2 // 2 // direction may be given to the court below to dispose of the bail application of the Petitioner on the same day.
6. Considering the submission made, it is observed that if the Petitioner surrenders in the aforesaid case before the Court in seisin over the matter and makes a motion for bail, the Court in seisin over the matter shall consider and dispose of the bail application of the Petitioner on its own merit on the same day. The incriminating materials collected against the Petitioner be sent by the I.O to the Court on the date of surrender, if the date of surrender intimated to him by the Petitioner.
7. However, the aforesaid order should not be construed as a protection from arrest till the date of surrender.
8. The ABLAPL is, accordingly, disposed of.
9. Urgent certified copy of this order be granted on proper application.
(S. Pujahari) Judge PKS