Allowed

Amzad Khan v. State of Orissa

Orissa HC30 Aug 2016ABLAPL/11817/2016

Case brief

AI extract

What is this about?

This Single Judge allows pre-arrest bail for petitioners named in an FIR involving assault, mischief, and attempt to murder. The Court found no likelihood of absconding, tampering with evidence, or necessity for custodial interrogation, granting bail subject to cooperation with investigation.

What did the court decide?

Prayer for pre-arrest bail allowed; petitioners to be released on bail upon arrest on terms including cooperation with investigation.

The petitioners in this case having been implicated in Bhadrak Town P.S. Case No.89 of 2016 corresponding to G.R. Case No.533 of 2016, pending in court of the S.D.J.M., Bhadrak regi stered for alleged commission of offences punishable under Sections 341/323/324/427/294/379/30 7/506/34 of I.P.C., filed this petition for their release on pre-arrest bail.

It appears that quarrel occurred between the informant-party and the petitioners-party and their accomplices with regard to running of a parking area where circus party had camped a nd having the show. The petitioners in furtherance of their common intention with others said to have committed the offence on the owner-informant of the adjacent parking lot. Investigatio n in this case has substantially progressed. The injuries sustained by the injured are simple in nature. Nothing is there on record indicating the fact that the petitioners shall abscond o r tamper with the prosecution evidence, if allowed to go on pre-arrest bail. Investigating age ncy has also not come forward with the submission that custodial interrogation of the petition ers is required for further investigation.

Therefore, regard being had to the facts and submissions, especially the nature of accu sation against the petitioners, circumstances in which the offences alleged to have been commi tted and hardly any material being there to suggest that the petitioners shall abscond or tamp er with the prosecution evidence, if allowed to go on pre-arrest bail and custodial interrogat ion of the petitioners is required for further investigation, I am of the view that this is a fit case to release the petitioners on pre-arrest bail.

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.

Amzad Khan v. State of Orissa

Case brief

What is this about?

What did the court decide?

Amzad 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

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