Allowed

Sk.Osi Akhter@Lucky v. State of Orissa

Orissa HC28 Sept 2016ABLAPL/15257/2016

Case brief

AI extract

What is this about?

The High Court granted pre-arrest bail to petitioners implicated in offences under IPC, Prevention of Cruelty to Animals Act, and Cow Slaughter Act, finding little material to suggest absconding or tampering, and noting co-accused were already released.

What did the court decide?

Directed release on pre-arrest bail upon furnishing a bond of Rs. 20,000 with two solvent sureties each for the same amount, conditioned on cooperation with investigation and that no graver offence is

Sk.Osi Akhter@Lucky Vs State of Orissa — Caste Atrocities | Orissa HC (2016)

¶1

 ABLAPL No.15257 of 2016

¶2

03. 28.09.2016 Heard learned counsel for the petitioners and learned counsel for the State.

¶3

 The petitioners in this case having been implicated in Bhadrak Town P.
S. Case No.248 of 2016 corresponding to G.R. Case No.1633 of 2016 pending in the court of lear
ned S.D.J.M., Bhadrak for alleged commission of offences punishable under Sections 341/ 353/ 2
79/ 506/ 120B/ 34 of the I.P.C. read with Section 11(a)(d) of the Prevention of Cruelty to Ani
mals Act and Section 7 of the Cow Slaughter Act, 1960, have filed this petition for their rele
ase on pre-arrest bail.

¶4

 Regard being had to the facts and submissions made, especially the nat
ure of accusation and circumstances in which the offences alleged to have been committed and h
ardly any material is there to suggest the fact that the petitioners shall abscond or tamper w
ith the prosecution evidence, if allowed to go on pre-arrest bail and co-accused persons have
been released on pre-arrest bail vide orders passed in ABLAPL Nos.14496, 14498 and 14670 of 20
16, I am of the view that this is a fit case to enlarge the petitioners 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 on each of them
furnishing bail bond of Rs.20,000/- (Rupees twenty thousand) with two solvent sureties each fo
r the like amount to the satisfaction of the Arresting Officer with the condition that they sh
all co-operate with the investigation.

¶5

 However, it is made clear that if any graver offence is found against
the petitioners in this case besides the aforesaid offences, this order shall not be given eff
ect to.

¶6

 The ABLAPL is accordingly disposed of being allowed.
 Urgent certified copy of the order be granted on proper application.

¶7

 S.Pujahari, J.

¶8

BJ

¶9

Sk.Osi Akhter@Lucky v. State of Orissa

Case brief

What is this about?

What did the court decide?

Sk.Osi Akhter@Lucky 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

Parties & counsel

Coram

Case details

Similar cases

Chandrakanta Sha Vs State of Orissa

D.S.Prusty@Dhusasan Prusty Vs State of Orissa

Binod Mallick@Mohan Vs State of Orissa

Nizamuddin Khan@Niza Vs State of Orissa

Manas Barad Vs State of Orissa

Jagannath Prasad Bhoi Vs State of Orissa