Rasid Mohamad@Kuna v. State of Orissa
Case brief
What is this about?
In a bail application filed by a petitioner implicated in a criminal case under various IPC sections pending in the Court of the learned S.D.J.M., Puri, the single judge directed that if the petitioner surrenders within fifteen days and moves for release, bail will be granted on conditions to be framed by the court in seisin of the case.
What did the court decide?
Ex parte direction to release petitioner on bail if surrender occurs within 15 days and bail moves to court in seisin.
What the court decided
ABLAPL No.18400 of 2016
02. 5.12.2016 The petitioner having been implicated in Kanas P.S. Case No.1
21 of 2016 corresponding to G.R. Case No.2255 of 2016 registered for alleged commission of off
ence under sections 341/294/427/353/ 506/34 IPC read with section 3 of Prevention of Damage of
Public Property Act pending in the Court of the learned S.D.J.M., Puri has filed this applica
tion for grant of bail in the event of his arrest in the said case.
Learned counsel for the petitioner submits that co-accused person has also bee
n released on bail.
Learned Additional Govt. Advocate opposes the move.
Considering the submission in view of the nature of accusations and other s
urrounding circumstances of the case, in the absence of any other impediment, it is directed t
hat in the event the petitioner surrenders before the court in seisin of the case within a per
iod of fifteen days hence and moves for his release on bail, he be released on bail on such te
rms and conditions as would be deemed just and proper by the said court.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
D. Dash, J.
Aks
Issues for consideration
2 issues framed by the court
Whether the petitioner should be granted bail pending arrest in a case involvingSections 341/294/427/353/506/34 IPC.
Whether the petitioner has surrendered before the court to secure bail release.
Parties & counsel
- applicant
Petitioner
- respondent
State
Coram
D. Dash
Case details
As recorded by the court registry
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