ABLAPL/10301/2026 of JIHATRAM PARABHOI Vs STATE OF ODISHA on 10 September 2026

ORDER

10.09.2026

01.

1. Since both the ABLAPLs relate to the same FIR, on the consent of the parties, they are taken up together and are disposed of by this common order.

2. Heard learned counsel for the Petitioners and learned counsel for the State.

3. The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.284 of 2026 pending on the file of learned J.M.F.C.-cum-G.N.A., Komna, arising out of Komna P.S. Case No.290 of 2026 for commission of offences punishable under Sections 318(4)/ 319(2)/ 336(3)/ 340(2)/ 338/ 316(2)/ 3(5) of BNS.

4. It is submitted by the learned counsel for the Petitioners that even if the entire allegations are taken at its face value, since they are based on documentary evidence, the Petitioners may be protected by pre-arrest bail.

5. The allegation against the Petitioner in ABLAPL No.10301 of 2026 is that he is an attesting witness in the sale deed which was found to have been executed fraudulently and so far as the role ascribed to the Petitioner in ABLAPL No.10315 of 2026 is concerned, that he persuaded the buyer to part with consideration in respect of the sale deed which was found to be fraudulent transaction.

6. This Court finds force in the submission of the learned counsel for the State that protecting the Petitioners by pre-arrest bail would derail the ongoing investigation in which the Tahasildar is under suspension.

7. Hence, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that Petitioners may surrender before the learned J.M.F.C.-cum-G.N.A., Komna in connection with the aforementioned case within one month from today.

In the event of their surrender and motion for bail, the same be considered by the learned J.M.F.C.- cum-G.N.A., Komna on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned J.M.F.C.-cum-G.N.A., Komna, the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day.

8. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioners on the same day.

The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioners and learned J.M.F.C.- cum-G.N.A., Komna is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.

Ground of parity, if any, may be considered by the learned court(s) below. The forums below are

requested to verify the criminal antecedent of similar nature of the Petitioners.

9. Accordingly, both the ABLAPLs stand disposed of.

10. U.C.C. as per rules.

(V. NARASINGH)

Judge Santoshi Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-Sep-2026 15:01:10 Signature Not Verified