Bail petition for surrender directed where notice under CrPC Section 41-A issued.
Direction to surrender within fifteen days and apply for bail on such terms as court concerned may deem just.
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04. 29.11.2016 ABLAPL No. 12602 of 2016
Heard the learned counsel for the petitioner and learned counsel for the State.
The petitioner in this case having been implicated in Shree Lingaraj,
Bhubaneswar P.S. Case No.240 of 2015, corresponding to C.T. Case No.5814 of 2015 pending in co
urt of learned SDJM, Bhubaneswar, registered for alleged commission of offences punishable und
er Sections 294/506/507/323/34 of IPC and Section 25 of the Arms Act, has filed this petition
for his release on pre-arrest bail.
Considering the facts and submissions made and as it is stated that n
otice under Section 41-A Cr.P.C. is issued to the petitioner by the police, this ABLAPL is dis
posed of with a direction that if the petitioner surrenders before the court in seisin over th
e matter within fifteen days hence and makes a motion for bail, he shall be released on bail o
n such terms and conditions as the court concerned may deem just and proper.
With the aforesaid order, this ABLAPL stands disposed of.
Urgent certified copy of this order be granted on proper application.
SKG
2
2 issues framed by the court
Whether a pre-arrest bail petition filed under Section 439 Cr.P.C. after the issuance of notice under Section 41-A Cr.P.C. should be disposed of by directing surrender.
Whether conditions for pre-arrest bail are satisfied in a case involving allegations under Sections 294/506/507/323/34 of IPC and Section 25 Arms Act.
4 provisions across 4 enactments
Petitioner
State
SKG
As recorded by the court registry
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