Mirza Halim Baig v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.11785 of 2022 Mirza Halim Baig ....
Petitioner Mr.Suryakanta Dash, Advocate -versusState of Odisha ....
Opposite Party Mr.M.K.Mohanty, A.S.C.
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
22.09.2022 Order No.
02.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the Petitioner, learned Addl. Standing Counsel for the State.
3.
The present bail application has been filed under Section 438 Cr.P.C. seeking for Transit Anticipatory Bail from this Court in connection with the Warrant of Arrest issued by the Metropolitan Magistrate, 19th Court, Calcutta, West Bengal in relation to a case registered under Sections 420,406 of the Indian Penal Code arising out of the Execution Proceeding.
4.
Learned counsel for the Petitioner, drawing attention of this Court to Annexure-2, which is the Warrant of Arrest, submits before this Court that pursuant to the said warrant the Petitioner has been directed to appear before the Metropolitan Magistrate, 19th Court, Calcutta on 05.07.2021. Learned counsel for the Petitioner further
// 2 // submits that the Petitioner apprehends arrest by the Police while approaching the aforesaid Metropolitan Magistrate Court, and in such view of the matter he seeks protection while on Transit. 5.
So far as the law relating to granting Transit Anticipatory Bail, Mr.Dash, learned counsel for the Petitioner relies upon the judgment of Nikita Jacob vs.The State of Maharastra, (Anticipatory Bail Application No.441 of 2021, decided on 17.02.2021), Teesta Atul Stalvad and Anr. Vs State of Maharashtra and Ors.(Anticipatory Bail Application No.14 of 2014, decided on 31.01.2014) and Amita Garg and 6 others vs. State of U.P. and 3 others, (Criminal Misc.Anticipatory Bail Application U/s.438, CR.P.C.No.5286 of 2022 D/d 6.7.2022 - Allahabad High Court).
Relying on the aforesaid judgments, learned counsel for the Petitioner submits that this Court is competent to grant protection to the Petitioner while he is in Transit to appear before the Court concerned, having jurisdiction over the subject matter of the dispute. 6.
Considering the fact that Warrant of Arrest has been issued in an Execution Proceeding, this Court deems it proper to give protection to the Petitioner till he approaches the competent court for appropriate remedy under the Cr.P.C. Considering the aforesaid facts and circumstances of the case, this Court directs that, in the event of arrest, the Petitioner shall be released on bail by the Arresting Officer on his executing Personal Bond of Rs.50,000/- (Rupees Fifty Thousand) to the satisfaction of the Arresting Officer. However, it is made clear that this transit bail order shall remain valid for a period of six weeks from today.
// 3 // 7.
With the aforesaid direction and observation the ABLAPL is disposed of.
8.
Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge RKS