The High Court declined to grant anticipatory bail to the petitioner implicated in a theft case. While not inclined to grant relief, the court observed that surrender and subsequent bail application would be considered on merits.
No bail granted. Surrender and subsequent bail application to be considered on merits.
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ABLAPL No. 19098 of 2016
2. 9.12.2016 The petitioner having been implicated in Jonk P.S. Case No.22 of 201
2 corresponding to G.R. Case No. 51 of 2012 registered for alleged commission of offence under
section 379/34 IPC pending in the court of learned S.D.J.M., Nuapada has filed this applicati
on under Section 438 of the Cr.P.C. for grant of anticipatory bail.
Heard learned counsel for the petitioner and learned Addl. Standing Counsel.
Considering the submission, viewing the nature of accusations and othe
r surrounding circumstances of the case, while being not inclined to grant anticipatory bail t
o the petitioner, it is observed that in the event the petitioner surrenders before the court
in seisin of the case and moves for his release on bail, the same shall be considered on its o
wn merit and disposed of in accordance with law early without being influenced by this order.
The ABLAPL stands disposed of.
.. D. Dash, J.
Aks
1 issue framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the petitioner implicated in an offence under Section 379/34 IPC.
Petitioner
State
D. Dash, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court