Orissa HC Directs Police To Escort Lawyer Who Was Allegedly Obstructed By Bar Members From Submitting Bail Bond Of Accused

"No right-thinking person can but express serious concern as regards such situation, whatever the reason, there may be behind such action. Liberty is most precious under our constitutional frame work and under the Rule of law, no person whatever mighty he may be, cannot be allowed to meddle with the liberty of individual. We hope good sense prevail."

Factual Background:

By an order dated 16.8.2022, the High Court, having considered all relevant circumstances, directed that the petitioners to be released on bail on such terms as to be fixed by the learned Court in seisin over the matter. Mr. A.K. Nayak, counsel for the petitioners stated that the concerned Judicial Magistrate First Class-cum-Gramyanyayalaya, Tangi, Khurda, having perused the said order of bail, had fixed the conditions for bail, directing to furnish the bail bond of Rs.30,000/-, supported by two sureties of the like amount with the documents relating to identification.

However, when the counsel went to submit the bail bond, he was resisted by some persons claiming to be Members of the Tangi Bar Association, Khurda from approaching the Judicial Magistrate First Class-cum-Gramyanyayalaya, Tangi. As a result, the J.M.F.C. could not accept the bail bond and the Under-Trial Prisoners are still languishing in jail.

Court's Directions:

The Court expressed its severe displeasure over the above situation and directed,

"As we understand that the situation around the court of JMFC, Tangi is not conducive for discharging the duty by an Advocate representing the UTPs. But if Mr. Nayak again is resisted while approaching the said court to furnish the bail bond in order to obtain release of the petitioners in terms of the order dated 16.08.2022 as aforementioned, there shall not be any obstruction, if any, that shall be removed. If Mr. Nayak, learned counsel does sense that there may be obstruction, he would report to the Superintendent of Police, Khurda. In the alternative, even before visiting the said court, Mr. Nayak, learned counsel may request the Superintendent of Police, Khurda to give escort so that he can protect the liberty of his clients, the petitioners herein."

Further, the Court directed the Superintendent of Police, Khurda to provide necessary escort/securities to Mr. A.K. Nayak, so that he can file the bail bond and comply the conditions without any obstruction. The Judicial Magistrate First Class-cum-Gramyanyayalaya, Tangi was directed to ensure that the petitioners are released from jail in the course of the day.

Case Title: Pramod Jena & Anr. v. State of Odisha & Ors.

Case No.: WPCRL No. 108 of 2022

Order Dated: 2^nd September 2022

Coram: S. Talapatra & M.S. Sahoo, JJ.

Counsel for the Petitioners: Mr. A.K. Nayak, Advocate

Counsel for the Respondents: Mr. S.S. Kanungo, Additional Government Advocate