Allowed

Maguni Charan Jena v. State of Orissa

Orissa HC11 Nov 2016ABLAPL/5617/2016

Case brief

AI extract

What is this about?

In an application for anticipatory bail, the bench granted relief to the petitioner who apprehended arrest under the Wild Life Protection Act following a vehicle accident that killed an elephant. The court noted the petitioner was not travelling in the vehicle and is likely to appear.

What did the court decide?

Application for anticipatory bail allowed; petitioner to be released on bail by the arresting officer upon arrest under specified terms and conditions.

Maguni Charan Jena Vs State of Orissa — Mining and Natural Resources | Orissa HC (2016)

¶1

ABLAPL No.5617 of 2016
11.11.2016 Heard learned counsel for the petitioner and learned Additional Standi
ng Counsel.

¶2

 The petitioner is apprehending arrest for the alleged commission of offence un
der Sections 11, 39(1)(a), 39(1)(c), 50 & 51 of the Wild Life Protection Act in 2(b) CC No.1 o
f 2016 of the court of learned J.M.F.C., Khallikote, arising out of O.R. Case No.137 of 2015-1
6.

¶3

 The petitioner happens to be the owner of the vehicle, which met with an accid
ent causing death of one wild female elephant. No case is made out against the present petitio
ner. He was not travelling in that vehicle at the time of the accident.

¶4

 The petitioner is a permanent resident of village Tichhani, Alanda, P.S.-Krush
naprasad, Dist.-Puri and there is no chance of his absconding from justice. There is no allega
tion on behalf of the State that the petitioner will tamper with the prosecution evidence, if
he is released on bail.

¶5

 Keeping in view the aforesaid consideration, facts of the case and the nature
of allegations, application for anticipatory bail is allowed. In the event of arrest of the pe
titioner in the aforesaid case, he shall be released on bail by the arresting officer on such
terms and conditions as deemed just and proper by him.
 The ABLAPL is disposed of accordingly.
 Urgent certified copy of this order be granted as per rules.

Maguni Charan Jena v. State of Orissa

Case brief

What is this about?

What did the court decide?

Maguni Charan Jena v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Case details

Similar cases

Gangi Das Vs State of Orissa

Prem Sagar Parabhoi Vs State of Orissa Vig.

Bibhuti Ranjan Panda Vs Chairman,P.P.T.

Krushna Chandra Mahamallik Vs State of Orissa

Pranab Kumar Bala Vs State of Orissa

Basudev Sahu Vs State of Orissa