Allowed

Jaya Krushna Swain v. State of Orissa

Orissa HC10 Mar 2016ABLAPL/1158/2016

Case brief

AI extract

What is this about?

The High Court allowed an application for anticipatory bail. The court held that the petitioner could be arrested and released on bail by the arresting officer subject to terms deemed just and proper, given the nature of allegations and an affidavit of settlement.

What did the court decide?

Anticipatory bail allowed; in the event of arrest, the petitioner shall be released on bail by the arresting officer on such terms and conditions as deemed just and proper by him.

Jaya Krushna Swain Vs State of Orissa — Anticipatory Bail | Orissa HC (2016)

¶1

ABLAPL No.1158 of 2016
10.03.2016

¶2

 Heard learned counsel for the petitioner and learned Addl. Government

¶3

Advocate.

¶4

 The petitioner is apprehending arrest for the alleged commission of offence un
der Sections 294, 506 and 420/34 of the IPC in G.R. Case No.515/2015 of the court of learned
SDJM, Nayagarh, arising out of Nayagarh P.S. Case No.185/2015.

¶5

 The co-accused has been arrested and released on bail by the learned SDJM, Nay
agarh on the date of his production. The offences allegedly committed by the petitioner do not
 invite punishment with imprisonment exceeding seven years. Moreover, an affidavit has been fi
led by the informant-counsel, wherein the deponent-Srimanta Kumar Patra, i.e. the informant ha
s stated that there has been an amicable settlement between the parties at the intervention of
 local gentlemen and well wishers. The petitioner is a permanent of Balugaon, P.S.Nayagarh Sad
ar, Dist.Nayagarh and there is no chance of his absconding from justice.

¶6

 Keeping in view the nature of allegations and the facts of the case, anticipat
ory bail application is allowed. In the event of his arrest in the aforesaid case, the petitio
ner shall be released on bail by the arresting officer on such terms and conditions as deemed
just and proper by him.

¶7

 The ABLAPL is disposed of accordingly.

¶8

Urgent certified copy of this order be granted as per rules.

¶9

 .
 S.K. Mishra, J.

¶10

Intheinterim,Misc.CaseitNo.8721isdirectedof2011thatthepetitioner no.2 shall not be disengage
d only on the basis of attaining the age of 60 till the next date.
 Urgent certified copy of this order be granted as per rules.

¶11

 S.K. Mishra, J.

¶12

Jaya Krushna Swain v. State of Orissa

Case brief

What is this about?

What did the court decide?

Jaya Krushna Swain v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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