Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Kasi @ Kashimuddin Khan – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
G. Satapathy, J.
1. Since these three bail applications arise out of one and same case record, the same are taken up together and disposed of by this common order with the consent of the learned counsel for the parties.
2. These are the bail applications U/S.483 of BNS S by the petitioners for grant of bail in connection with Tihidi PS Case No.197 of 2025 corresponding to GR Case No.1190 of 2025 pending in the file of learned SDJM, Bhadrak for commission of offences punishable U/Ss.126(2)/293/118(2)/109/351(2)/3(5) of , on the main allegation of committing murder of one Santosh Parida by assaulting him conjointly with lathis, along with co-accused persons in furtherance of their common intention.
3. Heard Mr. Lalatendu Samantaray, learned Senior Counsel who is being assisted by Mr.Pratik Dash, learned counsel for the petitioner in BLAPL No. 1016 of 2026; Mr.Susanta Kumar Baral, learned counsel for the petitioner in BLAPL No. 1494 of 2026; Mr.Sk. Zafarulla, learned counsel for the petitioner in BLAPL No. 2296 of 2026 and Mr. C.Mohanty, learned Addl. PP in the matter and perused the record.
4. Bail to the petitioners is in fact sought for mainly on the ground of release of
The court held that non-compliance with written communication of grounds of arrest does not invalidate arrests prior to established precedent, affirming that detailed merit analysis is not warranted ....
Accused's entitlement to written communication of arrest grounds was satisfied, negating bail claims under Constitutional and statutory provisions.
Non-compliance with the requirement to inform arrestees of grounds for arrest renders the arrest illegal, mandating release on bail.
Non-compliance with arrest procedure under Article 22(1) of the Constitution violates fundamental rights and necessitates granting bail.
The right to be informed of the grounds of arrest is fundamental under Article 22(1), and failure to communicate such grounds renders the arrest and subsequent remand illegal.
The constitutional requirement of communicating grounds of arrest is essential, and failure to do so renders the arrest and subsequent remand illegal.
Non-compliance with non-communication of arrest grounds is inapplicable retrospectively; independent witness requirement is not absolute in NDPS cases.
(1) Bail – Filing of charge-sheet and cognizance of order cannot validate an unconstitutional arrest – Constitutional requirement of informing arrestee of grounds of arrest is mandatory.(2) Dictum la....
An individual's right to be informed of the grounds for their arrest is essential, and failure to comply with statutory provisions renders the arrest invalid, justifying bail.
Failure to communicate grounds of arrest to relatives renders the arrest illegal, necessitating bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
