Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.5431 of 2024
S Basudev Patro …. Petitioner
Mr. S. C. Acharya, Advocate
-versus-
State of Odisha …. Opposite Party Mr. C. Mohanty, ASC Mr. S. K. Dash, Advocate (Informant)
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 08.01.2026
06.
1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.947 of 2024 pending in the Court of learned S.D.J.M., Berhampur, arising out of B. Town P.S. Case No.148 of 2024 for alleged commission of offences punishable under Sections 420, 406 and 34 of IPC.
3. It is submitted by the learned counsel referring to the allegations that the allegations ex facie are highly improbable in as much as no prudent man can accept that there are payments of 40-45 lakhs by way of cash.
4. It is also submitted by the learned counsel referring to the materials on record that for a
majority of the period on the scheduled date, the Petitioner was not in Berhampur and he is a student prosecuting his studies. Hence, the Petitioner may be protected by pre-arrest bail.
5.
Learned counsel for the State as well as informant oppose the prayer for pre-arrest bail.
6. It is further submitted by the learned counsel for the State that one co-accused, namely, Doki Sairam was taken into custody. Hence, no leniency ought to be shown.
7. So far as the status of the co-accused is concerned, it is submitted by the learned counsel for the Petitioner that he has been released in the meanwhile.
8. It is brought to the notice of this Court that the Petitioner is cited as an accused in Pattapur P.S. Case No.199 of 2024 under Sections 420, 406, 467, 468, 341, 294, 506 and 120-B of IPC read with Sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act and Section 7 of the Protection of Interests of Depositors Act and 4 of the Prevention of Money Laundering Act and in Pattapur P.S. Case No.361 of 2024 under Sections 420, 406, 467, 468, 341, 294, 506 of IPC read with Sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act and Section 6 of the Protection of Interests of Depositors Act and 4 of the Prevention of Money Laundering Act.
9. On a conspectus material on record, this Court is not persuaded to hold that the Petitioner is entitled to the exceptional remedy of pre-arrest bail and finds force in the submission of the learned counsel for the State that interrogation of the Petitioner being protected by an umbrella of pre-arrest bail would be farcical. Hence, this Court is not inclined to entertain the application for pre-arrest bail. However, in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit.
10. It is needless to state that the observations made herein are only for the purpose of consideration of the prayer of the Petitioner for pre-arrest bail and it ought not to be construed as this Court expressing any view regarding his complicity which has to be established in an independent manner.
11. The ABLAPL is accordingly disposed of.
(V. NARASINGH)
Judge
Jina