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High Court of Orissa · body

2005 DAILYLAW 727 (ORI)

LINGARAJ BISWAL v. STATE OF ODISHA

ABLAPL/2005/2026 · 2026-04-15

R K Pattanaik

Public Interest Litigationbody2005

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2005 of 2026 Lingaraj Biswal …. Petitioner Mr. A.K. Subudhi, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 15.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Delanga P.S. Case No. 309 of 2025 pending in the file of learned JMFC, Pipili corresponding to G.R. Case No.772 of 2025 on the grounds stated. 3. Perused the F.I.R. as at Annexure-1. It is informed to the Court that the petitioner is the Advocate’s Clerk and allegedly identified the so-called vendor at the time of the execution of a sale deed which was found to be fake leading to the lodging of the F.I.R. It is submitted that the co-accused persons involved in the transaction are on bail by the Court’s order in the ABLAPL at Annexure-2 and hence, considering the limited role played by the petitioner, he should be treated equally. Recorded the objection of the State. A copy of the said order is at flag-A as well. The co-accused persons, who were party to the transaction in question, are on bail pursuant to the order in ABLAPL dated 8th December, 2025. It is informed to the Court that the investigation is underway. Recording the submission as above and the facts pleaded on record that the co-accused persons are on bail, the petitioner being the Advocate’s clerk and responsible to the extent in the identification of the vendor and not beyond, this Court even though not in favour of entertaining his plea for pre-arrest bail, but is of the view that he should be directed to surrender before the learned court below for being released with conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned JMFC, Pipili within a month from today, it is directed that he shall be released on bail in connection with G.R. Case No.772 of 2025 corresponding to Delanga P.S. Case No. 309 of 2025 on furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount with such other conditions imposed by the court concerned as deemed just and proper in the facts and circumstances of the case besides the following such as, he shall cooperate the I.O. in the investigation without fail. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Kabita