This is a forthwith-plaint for anticipatory bail (ABLAPL). The High Court allowed the plea, permitting arrest but mandating release on bail by the arresting officer based on the petitioner's residential ties and lack of criminal history.
The petitioners are allowed ABLAPL; if arrested in the specified case, they must be released on bail by the arresting officer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ABLAPL No.18011 of 2015
13.01.2016 Heard learned counsel for the petitioners and learned Addl. Government
Advocate.
The petitioners are apprehending arrest for the alleged commission of offence
under Section 307/34 of the IPC in G.R. Case No.285/2015 of the court of learned JMFC, Barpali
, arising out of Barpali P.S. Case No.286 (17)/2015.
The injury sustained by the injured is simple in nature. No criminal anteceden
t is reported against the petitioners. The petitioners are permanent resident of Phulapali, P.
S.:Barpali, Dist.:Bargarh. So, there is no chance of their absconding from justice.
Keeping in view the aforesaid consideration and the facts of the case, ABLAPL
is allowed. In the event of their arrest in the aforesaid case, the petitioners shall be relea
sed on bail by the arresting officer on such terms and conditions as deemed just and proper by
him.
The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
S.K. Mishra, J.In the interim,Misc. Caseit No.8721is directedof 2011that the petitioner no.2 shall not be disengaged only on the basis of attaining the age of 60 till the next date. Urgent certified copy of this order be granted as per rules.S.K. Mishra, J.2
3 issues framed by the court
Whether a forthwith anticipatory bail under Section 438 CrPC should be granted to the petitioners who are apprehending arrest for offences under Sections 307 and 34 of IPC.
Whether conjunctive考量 of no criminal antecedents, simple nature of injury, and permanent residence justifies granting anticipatory bail.
Whether interim order directing petitioner no. 2 not to be disengaged solely on age until next hearing needs clarification.
Colour shows how this judgement treated each authority
Misc. Case No. 8721 of 2011Referred¶6
1 provisions across 1 enactments
The petitioners
The State
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court