Court held that if the petitioner surrenders after the investigation is complete and the dispute is resolved, he may be released on bail with appropriate terms.
Release on bail with terms to be decided by the court in seisin, to be made safe upon surrender.
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ABLAPL No. 12436 OF 2016
04. 01.11.2016 Learned counsel for the petitioner submits that the petitioner
has now again filed this application since his earlier prayer for grant of anticipatory bail
had been rejected in BLAPL No. 23883 of 2013. He submits that in the meantime, investigation i
s complete and the incident giving rise to the case which had arisen because of misunderstandi
ng between the petitioner and the informant, has in the meantime been resolved. The informant
is already in custody of her all the original testimonials which she had alleged to have been
snatched away by the petitioner.
Learned counsel for the informant being present submits also as regards the re
solution of the dispute between the parties. Informant being present in the Court also support
s what she has averred in the affidavit filed in the case.
Considering the submissions, viewing the nature of accusations and all other s
urrounding circumstances, in the absence of any other impediment, it is directed that in the e
vent the petitioner surrenders before the court in seisin of the case and moves for his releas
e on bail, he may be released on bail with such terms and conditions as would be deemed just a
nd proper by the said court.
The ABLAPL is accordingly disposed of. Urgent certified copy of this
order be granted on proper application.
D. Dash, J.
// 2 //
1 issue framed by the court
Whether the petitioner may be granted bail upon surrender given that the investigation is complete and the dispute has been resolved.
Petitioner
Informant
D. Dash
As recorded by the court registry
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