Santa Ho v. State of Orissa
Case brief
What is this about?
Court granted bail to a petitioner implicated in a Section 376 I.P.C. offence after the charge-sheet was filed, noting his permanent residence and low flight risk, directing release by S.D.J.M. Karanjia.
What did the court decide?
Petitioner shall be released on bail by learned S.D.J.M., Karanjia in G.R. Case No.203 of 2013 on such terms and conditions as deemed just and proper.
What the court decided
BLAPL No.2532 of 2015
04.11.2015 Heard learned counsel for the petitioner and learned Additional Standing Counsel.
The petitioner is implicated in offence punishable under Sections 376, I.P.C. and ot
her allied offences.
Charge-sheet in the case is stated to have been filed in the meantime.
It is fairly submitted at the Bar that there was love affair between the petitioner
and the victim, and on the asking of the petitioner the victim accompanied him in a motorcycle
to Padampur Chhak on the date of her marriage with another person.
Learned counsel for the petitioner submits that, charge-sheet having already been fi
led, there is no scope on the part of the petitioner to tamper with the evidence, and the peti
tioner being a permanent residence under Karanjia P.S., there is no chance of his absconding.
Regarding being had to the facts and submission, factum of permanent residence of th
e petitioner and completion of investigation in the meantime, it is directed that the petition
er shall be released on bail by the learned S.D.J.M., Karanjia in G.R. Case No.203 of 2013 on
such terms and conditions as deemed just and proper.
The BLAPL is accordingly disposed of.
C.R. Dash, J.
Issues for consideration
1 issue framed by the court
Whether the petitioner, a permanent resident of Karanjia, is eligible to be released on bail in a case under Sections 376 I.P.C. and allied offences after the charge-sheet has been filed.
Parties & counsel
- petitioner
Petitioner
- respondent
Victim
Coram
C.R. Dash
Case details
As recorded by the court registry
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