Single judge granted anticipatory bail to petitioners in C.T. Case No. 99/2015 arising from a civil dispute over sales, directing them to remain available for investigation.
Application for anticipatory bail allowed; petitioners may be released on bail upon arrest; directed to remain present before I.O. as required for investigation.
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.2163 of 2016
21.06.2016
Advocate.
Heard learned counsel for the petitioners and learned Addl. Government
The petitioners are apprehending arrest for the alleged commission of offence
under Sections 420, 467, 468, 469, 471, 474, 506, 294, 482, 485/34 of the IPC in C.T. Case No.
99/2015 of the court of learned SDJM, Bhubaneswar, arising out of Badagada P.S. Case No.03/201
5.
The matter out of which this criminal case arises appears to be civil in natur
e. There is a civil dispute between the parties because of two sale, one by late father of the
petitioner and one by the petitioners themselves.
Keeping in view the aforesaid consideration and the fact that the petitioners
are permanent resident of Harachandi Sahi & Bankula, respectively, P.S. Sahid Nagar, Dist.Khur
da and there is no chance of their fleeing from justice, anticipatory bail application is allo
wed. In the event of their arrest in the aforesaid case, the petitioners shall be released on
bail by the arresting officer on such terms and conditions as deemed just and proper by him. H
owever, the petitioners are directed to remain present before the I.O. as and when required by
him for the purpose of investigation.
The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
S.K. Mishra, J.
1 issue framed by the court
Whether anticipatory bail may be granted in a criminal case arising out of a civil dispute where there is no likelihood of flight.
1 provisions across 1 enactments
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court