Dhruba Dixit @ Dhruba Charan Dixit v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2115 of 2022 Dhruba Dixit @ Dhruba Charan Dixit and others ....

Petitioners -versusState of Odisha ....

Opposite Party CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

31.03.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The Petitioners apprehending their arrest in Gop P.S. Case No.480 of 2021, corresponding to G.R. Case No.757 of 2021, pending in the Court of J.M.F.C., Konark, registered for alleged commission of offences punishable under Sections 294, 341, 323, 354, 452, 506 read with Section 34 of the I.P.C., have filed this petition for their release on pre-arrest bail. 3.

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

4.

It appears that the earlier prayer for pre-arrest bail of the present Petitioners was allowed vide order dated 22nd December, 2021 passed by this Court in ABLPL No.15338 of 2021, but due to mistake of cause title of the bail application,

// 2 // they could not avail the aforesaid order and file this petition for his release on pre-arrest bail.

5.

Taking note of the aforesaid fact, this Court directs that if the Petitioners surrender before the Court in seisin over the matter within six weeks hence and makes a motion for bail, the Court in seisin over the matter shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper.

6.

However, if the Petitioners do not surrender within the time stipulated, there is no impediment on the part of the police to take them to custody and produce in the Court executing the non-bailable warrant issued or pending against them in the aforesaid case and in that event, the court concerned shall consider their prayer on its own merit.

7.

The ABLAPL is, accordingly, disposed of being allowed.

8.

Urgent certified copy of this order be granted on proper application.

(S. Pujahari) Judge DA