Abdul Nadeem v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.920 of 2022 Abdul Nadeem & Another ....

Petitioners -versusState of Odisha ....

Opposite Party CORAM: JUSTICE S.PUJAHARI

ORDER

04.02.2022 Order No.

01.

1.

This matter is taken up through Virtual mode. 2.

Heard the learned counsel for the Petitioners and the learned counsel for the State.

3.

The Petitioners apprehending their arrest in G.R. Case No.4892 of 2021 arising out of Dhanupali P.S Case No.504 of 2021 pending on the file of learned S.D.J.M., Sambalpur, registered for alleged commission of offence punishable under Sections 147, 148, 341, 323, 324, 326, 307, 506 / 149 of I.P.C., have filed this petition for their release on pre-arrest bail.

4.

Learned counsel for the Petitioners during the course of hearing, submits that they do not want to press this petition for prearrest bail as the Petitioners intend to surrender and move for bail before the Court below. However, they submit to direct the Court below to dispose of the bail application of the Petitioners on the same day.

// 2 // 5.

Considering the submission made, it is observed that if the Petitioners surrender in the aforesaid case in the first hour before the court of S.D.J.M., Sambalpur, and make a motion for bail, learned S.D.J.M., Sambalpur, shall consider and dispose of the same in accordance with law during the first hour. In case of rejection of the bail application, the Petitioners may move for bail before the next higher forum in the second hour and in that event, the bail application of the Petitioners 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. Release of the co-accused, if any, shall be addressed in proper perspective.

6.

Case Diary be made available to the court concerned, if a copy of this order is given to the I.O. through registered post with A.D., by the Petitioners indicating the date of surrender. 7.

Records shall be transmitted to the higher forum. Cost, if any, shall be paid by the Petitioners.

8.

However, it is made clear that this order is not an impediment on the part of the Police to proceed against the Petitioners in accordance with law for their apprehension before they surrender, if the Police so desired.

9.

The ABLAPL is, accordingly, disposed of.

10.

As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the Parties may utilize a printout copy of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th

// 3 // March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Court's Office order circulated vide Memo Nos. 514 & 515 dated 7th January, 2022.

(S. Pujahari) SKB Judge