This order grants anticipatory bail to petitioners under Section 438 Cr.P.C. regarding I.P.C. offences triable by a Magistrate, noting the existence of a prior civil dispute.
Released on bail on furnishing bail bond of Rs. 5,000/- each with two sureties for the like amount, subject to conditions regarding interrogation and inducement.
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ABLAPL No. 11206 of 2016
02. 01.08.2016 Heard learned counsel for the petitioners and learned
counsel for the State.
This is an application under section 438 Cr.P.C. for grant of anticipa
tory bail to the petitioners in connection with Tihidi P.S. Case No. 292 of 2016 corresponding
to G.R. Case No. 1266 of 2016 pending in the Court of learned S.D.J.M., Bhadrak for alleged c
ommission of offences under sections 447/448/427/ 341/323/324/294/379/506 of the Indian Penal
Code.
Learned counsel for the petitioners submits that there was civil dispute betwe
en the parties for which the case has been foisted. He further submits that it is a case and c
ounter case and no specific overt act has been alleged against the petitioner. He further subm
its that the offences are triable by Magistrate and therefore, taking into account the nature
of accusation, the anticipatory bail application of the petitioners may be favourably consider
ed.
Learned counsel for the State opposes the prayer for bail.
Considering the submissions made by the respective parties, the nature of accusation a
gainst the petitioners, previous civil dispute between the parties and the fact that the offen
ces are triable by Magistrate, I am inclined to release the petitioners on anticipatory bail a
nd accordingly, this Court directs that in the event of arrest of the petitioners in connectio
n with the aforesaid case, they shall be
released on bail on furnishing bail bond of Rs.5,000/- (Rupees five thousand) each with two s
ureties each for the like amount to the satisfaction of the arresting officer with furt
her conditions that they shall make themselves available for interrogation by the I.O.
as and when required and they shall not directly or indirectly make any inducement, th
reat or promise to any person acquainted with the facts of the case so as to dissuade him from
disclosing any facts to the Courts or to the investigating Officer.
Violation of any of the above conditions shall entail cancellation of bail.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order is granted on proper application.
S.K. Sahoo, J.
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1 issue framed by the court
Whether anticipatory bail should be granted to petitioners in connection with offences triable by Magistrate arising from a civil dispute.
2 provisions across 2 enactments
Petitioners
The State
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court