This Single Judge allowed a petition for pre-arrest bail. Reviewing an FIR based on a disputed money transaction alleged as harassment, the Court directed release on bail if the petitioners are arrested.
Direction to Arresting Officer to release petitioners on pre-arrest bail upon arrest.
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ABLAPL No.12644 of 2016
03. 28.09.2016 Heard learned counsel for the petitioner and learned c
ounsel for the State.
The petitioners in this case having been implicated in Baisinga P.S. C
ase No.125 of 2016 corresponding to C.T. Case No.338 of 2016 pending in the court of learned J
.M.F.C., Betnoti for alleged commission of offences punishable under Sections 341/ 323/ 294/ 5
06/ 420/ 34 of the I.P.C. read with Sections 25 and 27 of the Arms Act, have filed this petiti
on for their release on pre-arrest bail.
Considering the submissions made by the learned counsel for the petiti
oners and learned counsel for the State indicating the fact that money transaction was between
Bharat Jena and the complainant, but the aforesaid F.I.R. has been lodged against the petitio
ners to harass them, this Court is of the view that the petitioners deserve to be released on
pre-arrest bail.
Hence, this Court directs that in the event of arrest of the petitione
rs in connection with the aforesaid case, they be released on pre-arrest bail by the Arresting
Officer on such terms and conditions as the Arresting Officer may deem it just and proper.
The ABLAPL is accordingly disposed of being allowed.
Urgent certified copy of the order be granted on proper application.
..
S.Pujahari, J.
BJ
2
1 issue framed by the court
Whether the petitioners, implicated in offences under the IPC and Arms Act, are entitled to release on pre-arrest bail.
2 provisions across 2 enactments
Petitioners
State
S. Pujahari
As recorded by the court registry
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