The Orissa High Court dismissed an application for anticipatory bail under Section 438 Cr.P.C. The order directed that the petitioners surrender within fifteen days and move for regular bail, at which point they will be released on suitable terms.
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ABLAPL No. 19511 of 2016
2. 19.12.2016 The petitioners having been implicated in 1CC Case No.122 of
2016 registered for alleged commission of offence under sections 294/323/506/34 IPC pending
in the court of learned S.D.J.M., Berhampur have filed this application under Section 438 of t
he Cr.P.C. for grant of anticipatory bail.
Learned counsel for the petitioners submits that the informant is the
brother of petitioner no. 1 and petitioner no. 2 is the wife of petitioner no.1. It is also hi
s submission that the parties are not pulling well and for that reason, a trivial quarrel has
been exaggeratedly stated.
Learned Addl. Standing Counsel opposes the move.
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 surrender before the court in seisin of the case within a
period of fifteen days hence and move for their release on bail, they be released on bail on s
uch terms and conditions as would be deemed just and proper by the said court.
The ABLAPL stands disposed of.
Issue urgent certified copy.
.. D. Da
sh, J.
Aks
1 issue framed by the court
Whether anticipatory bail should be granted pending surrender and regular bail application.
1 provisions across 1 enactments
Petitioners
Informant (Brother of Petitioner No. 1)
D. Dash, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court