Orissa High Court affirms established practice by granting temporary protection until statutory remedies are availed, offering persuasive authority for transit‐bail applications in criminal proceedings.
Summary
| Category | Data |
|---|---|
| Case Name | ABLAPL/9528/2025 of SUJEET KUMAR GUPTA Vs STATE OF ODISHA |
| CNR | ODHC010565442025 |
| Decision Date | 19-08-2025 |
| Disposal Nature | Disposed Off |
| Judgment Author | Mr. Justice V. Narasingh |
| Court | Orissa High Court |
| Bench | Single Judge |
| Type of Law | Criminal Procedure |
| Precedent Value | Persuasive Authority |
| Overrules / Affirms | Affirms |
| Ratio Decidendi |
The High Court, upon considering the nature of allegations in the FIR registered at Bengaluru under Sections 308(3), 308(4), 351(3) and 351(4) of the BNS Act, 2023, granted interim protection from arrest till 19-09-2025. It directed the petitioner to approach the jurisdictional court in Bengaluru by that date to avail statutory remedies. The order underscores that transit bail may be granted in the interest of justice, subject to the petitioner promptly pursuing relief where the offence is registered. It further clarifies that, if the remedy is not availed by the stipulated date, the prosecution remains free to proceed. |
| Facts as Summarised by the Court | The petitioner apprehended arrest in a Bengaluru FIR under specified provisions of the BNS Act, 2023, and sought transit bail from the Orissa High Court. |
Practical Impact
| Category | Impact |
|---|---|
| Persuasive For | Other High Courts, criminal trial courts |
What’s New / What Lawyers Should Note
- High Court may grant interim transit bail pending the petitioner’s invocation of remedies in the jurisdictional court.
- Such protection can be time-bound, tying the interim relief to a date by which the statutory remedy must be pursued.
- If the petitioner fails to approach the appropriate forum by the specified date, the prosecution is free to proceed.
Summary of Legal Reasoning
- The petitioner demonstrated a reasonable apprehension of arrest under an FIR registered in Bengaluru.
- The Court balanced the nature of allegations against the petitioner’s right to seek remedy by directing him to approach the jurisdictional court within a fixed timeframe.
- Interim transit bail was granted only until the date by which the petitioner must initiate proceedings in Bengaluru.
- The order preserves the prosecution’s right to proceed if the petitioner does not avail the prescribed remedy.
Arguments by the Parties
Petitioner
- Apprehension of arrest under FIR in Bengaluru.
- Seeks transit bail until he can approach the jurisdictional court.
State
- No opposition recorded in the order.
Factual Background
The petitioner faces an FIR at Bengaluru City PS (No. 57 of 2025) under Sections 308(3), 308(4), 351(3), 351(4) of the BNS Act, 2023. He approached the Orissa High Court seeking interim transit bail to avoid immediate arrest. The High Court granted protection from arrest until 19-09-2025, directing him to pursue remedy in the Bengaluru court by that date.
Alert Indicators
- Precedent Followed – The judgment affirms established transit-bail practice without overturning existing law.