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High Court adjourns IPS official's bail plea case to Feb 26

Correspondent

`Interim protection' granted to him has been extended up to the date.

CUTTACK: The Orissa High Court on Thursday adjourned the hearing of the anticipatory bail petition of B B Mahanti to February 26 and extended the "interim protection" granted to the IPS officer till then. With this, Mahanti, who is alleged to have a role in his son Biti's disappearance and for which he is facing a criminal case in Rajasthan, cannot be arrested till the next hearing of the case.

Jurisdiction question

Additional Advocate-General of Rajasthan R S Rathore questioned the maintainability and the jurisdiction of the Orissa High Court to adjudicate the case. "The petitioner has committed the offence within the state of Rajasthan and as such the concerning court of Rajasthan has the jurisdiction," Mr. Rathore argued.saying the application filed by the petitioner before the Orissa High Court was not maintainable.

Senior lawyers, including chairman of the Bar Council of India Jagannath Patnaik, Sanjit Mohanty and Ashok Mohanty joined the petitioner counsel Debashis Panda to argue that part of the cause of action by Rajasthan police would arise in Orissa, and therefore Orissa HC had a jurisdiction.

Earlier on Wednesday, Sanjay Shtotriya, an ASP of the Rajasthan police. submitted the "objection" affidavit in the court on behalf of the Rajasthan Government.

The Rajasthan police in December, 2006 had registered an FIR against Mahanti under Section 120 (criminal conspiracy), 130 (aiding escape of state prisoners or prisoners of war) and 216 (harbouring offender who has escaped from custody) of IPC for allegedly aiding, abetting and harbouring his son who has jumped parole while serving a seven-year jail term in Jaipur for raping a German tourist.

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