Sibaram Patra vs. State Of Odisha
Held
The Court was not inclined to reconsider the prayer for grant of anticipatory bail to the Petitioner. This decision was based on the submissions made, the materials on record, and the earlier order dated 15.01.2021 passed in a previous application (ABLAPL No.15255 of 2020), finding no change in circumstances. The Court noted that the Petitioner's apprehension of arrest was in relation to alleged offences under Section 132 (1)(b)/132(1)(c)/132(1)(I) of the OGST Act, 2017. However, the Court made a specific observation that if the occasion arose for considering a regular bail application, it should be considered on its own merits, without being influenced by the present order, and taking into account all subsequent developments. The ABLAPL was accordingly disposed of.
Facts
The Petitioner, Sibaram Patra, filed an application under Section 438 of the Cr.P.C. seeking anticipatory bail. The Petitioner apprehended arrest in connection with a case pending before the learned J.M.F.C. (R), Cuttack, for alleged offences under Section 132 (1)(b)/132(1)(c)/132(1)(I) of the Odisha Goods and Services Tax (OGST) Act, 2017. This was a successive application, following an earlier order dated 15.01.2021 passed by the High Court in ABLAPL No.15255 of 2020. The Petitioner's counsel and the State Counsel were heard. The Court reviewed the materials on record and the previous order.
Key Issues
1. Whether the Petitioner is entitled to anticipatory bail under Section 438, Cr.P.C. in connection with the alleged offences under Section 132 (1)(b)/132(1)(c)/132(1)(I) of the OGST Act, 2017, given the pendency of a previous application and no change in circumstances? Petitioner's Argument: The Petitioner sought anticipatory bail, apprehending arrest for alleged offences under the OGST Act. The specific arguments made by the Petitioner's counsel are not detailed in the judgment, beyond the fact that the application was made under Section 438, Cr.P.C. Revenue/State's Argument: The State Counsel was heard. The judgment does not record specific arguments made by the State Counsel, other than their participation in the hearing.
Sections Cited
Section 132 (1)(b), Section 132 (1)(c), Section 132 (1)(I), Section 438
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Cause title — parties, addresses and appearances
ORDER 15.09.2021
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
This is the successive journey of the Petitioner, who is apprehending his arrest in 2 (c) CC (R) No.3 of 2020 pending on the file of learned J.M.F.C. (R), Cuttack, running for the alleged commission of offence under section 132 (1)(b)/132(1)(c)/132(1)(I) of OGST Act, 2017, in filing this application under section 438, Cr.P.C., for his release on bail in the event of his arrest.
Heard learned counsel for the Petitioner and learned State Counsel.
Considering the submissions made and on going through the earlier order dated 15.012021 passed by this Court in ABLAPL No.15255 of 2020 as well as the materials on
The judgment continues below.
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