Alekh Hati v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15171 of 2021 Alekh Hati & others.

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Petitioners -versusState of Odisha & another.

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Opposite Parties CORAM: JUSTICE S. PUJAHARI

ORDER

13.04.2022 Order No.

01.

1.

This matter is taken up through Hybrid mode.

2.

The Petitioners apprehending their arrest in 1.C.C. Case No.125 of 2000 pending in the court of the learned J.M.F.C.(R), Cuttack for alleged commission of offences punishable under Sections 498-A, 304-B, 306/34 of IPC and Section 4 of the D.P. Act, 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 petitioner was rejected on merit by this Court vide order dated 04.04.2019 passed in ABLAPL No.3693 of 2019.

5.

Needless to say that this Court after scanning the materials available on record and looking into the nature of accusation and gravity of the offence, so also considering the earlier rejection of the

// 2 // prayer for pre-arrest bail of the petitioners by a co-ordinate Bench, had refused to release the petitioner on pre-arrest bail vide the order passed in the aforesaid ABLAPL. Since then, there is no change in circumstances. Therefore, allowing this petition would tantamount to review of the earlier order passed without any apparent or cogent reason which is not permissible. Hence, the prayer for pre-arrest bail of the petitioners stands rejected.

6.

Accordingly, the ABLAPL stands disposed of being dismissed.

(S. Pujahari) Judge MRS