Allowed

Taslim Khan v. State of Orissa

Orissa HC22 Sept 2016ABLAPL/11790/2016

Case brief

AI extract

What is this about?

The Single Judge allowed a petition for pre-arrest bail in a case involving offences under the IPC including assault and unlawful assembly. The court found no risk of absconding or tampering with evidence.

What did the court decide?

Petition for pre-arrest bail allowed; petitioner to be released on bail upon arrest on such terms and conditions as deemed just, including cooperation with investigation.

Taslim Khan Vs State of Orissa — Bail and Remand | Orissa HC (2016)

¶1

ABLAPL No.11790 of 2016

¶2

22.09.2016

¶3

 Heard learned counsel for the petitioners and learned counsel for the State.
 The petitioners in this case having been implicated in Baisinga P.S. Case No.89 of 2016
 corresponding to C.T. Case No.250 of 2016, pending in court of the learned J.M.F.C., Betanati
 for alleged commission of offences punishable under Sections 341/323/325/294/307/506/ 147/148
/149 of I.P.C., filed this petition for their release on pre-arrest bail.

¶4

 It appears that the petitioners forming an unlawful assembly assaulted the family membe
rs of the informant. Nothing is there indicating the fact that the injuries sustained by the i
njured are serious in nature, as gathered from the learned counsel for the State. No specific
overt act is alleged against the petitioners. Investigation in this case has substantially pro
gressed. Nothing is there on record indicating the fact that the petitioners shall abscond or
tamper with the prosecution evidence, if allowed to go on bail.

¶5

 Therefore, regard being had to the aforesaid facts and submissions, especially the natu
re of accusation, circumstances in which the offences alleged to have been committed and hardl
y any material being there to suggest that the petitioners shall abscond or tamper with the pr
osecution evidence, if allowed to go on pre-arrest bail, I am of the view that this is a fit c
ase to enlarge the petitioners on pre-arrest bail.

¶6

 Hence, this Court directs that in the event of arrest of the petitioners in connection
with the aforesaid case, they be released on bail by the arresting officer on such terms and c
onditions as he may deem just and proper including the condition that they shall cooperate wit
h the investigation.

¶7

 Accordingly, the prayer for pre-arrest bail stands allowed and the ABLAPL is disposed
of.

¶8

 Issue urgent certified copy as per rules.

¶9

 S.Pujahari, J.

¶10

Taslim Khan v. State of Orissa

Case brief

What is this about?

What did the court decide?

Taslim Khan v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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