Allowed

Abhi@Abhiram Sahu v. State of Orissa

Orissa HC3 Dec 2016ABLAPL/18340/2016

Case brief

AI extract

What is this about?

Single Judge granted conditional anticipatory bail to the petitioners implicated in a case under IPC and SC/ST (PA) Act. The court directed them to move for release on bail within fifteen days of appearing before the committing court.

What did the court decide?

Directed petitioners to appear before the court within fifteen days and move for release on bail, to be granted on just and proper terms.

Abhi@Abhiram Sahu Vs State of Orissa — Caste Atrocities | Orissa HC (2016)

¶1

 ABLAPL No. 18340 of 2016

¶2

2. 3.12.2016 The petitioners having been implicated in G.R. Case No.23 of
 2016 arising out of Saintala P.S. Case No.24 of 2016 registered for alleged commission of off
ence under sections 341/294/34 IPC read with section 3 (i)(x) of SC & ST (PA) Act pending in
the court of learned J.M.F.C., Saintala have filed this application under Section 438 of the C
r.P.C. for grant of anticipatory bail.

¶3

 Learned counsel for the petitioners submits that in this case charge s
heet has been submitted adding the offence under section 3 (i)(x) of SC & ST (PA) Act and cogn
izance having also been taken of the said offence now apprehension of detention of the petitio
ners arises in case of their appearance in court below. He also submits that even accepting t
he allegations prima facie all the ingredients are not fulfilled for the said offence under th
e Act. The order of cognizance on that score according to him has passed mechanically. It is a
lso submitted that the incident as narrated had taken place on account of some trivial dispute

¶4

 Learned Addl. Govt. Advocate opposes the move.

¶5

 Considering the submission, viewing the nature of accusations and othe
r surrounding circumstances of the case, in the absence of any other impediment, it is directe
d that in the event the petitioners appear before the court in seisin of the case within a per
iod of fifteen days hence and move for their release on bail, they be released on bail on such
 terms and conditions as would be deemed just and proper by the said court.

¶6

 Therefore, the ABLAPL stands disposed of.
 Issue urgent certified copy.

¶7

 .. D. Da
sh, J.

¶8

Aks

Abhi@Abhiram Sahu v. State of Orissa

Case brief

What is this about?

What did the court decide?

Abhi@Abhiram Sahu v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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