The court modified its earlier order to reject a plea for anticipatory bail. Despite acknowledging co-accused acquittal, bail was denied. The order directed that future bail applications be disposed of on merit if petitioners surrendered.
Petitioner not granted anticipatory bail; future bail applications to be decided on merits upon surrender.
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ABLAPL No. 8558 OF 2016
MISC. CASE NO. 1262 OF 2016
04. 05.01.2017: Heard learned counsel for the petitioner and the learn
ed Additional Standing Counsel and perused the petition filed for modification of order dated
23.08.2016.
Considering the submission, the 3rd paragraph of the order dated 23.08.2016 stands modif
ied as under:-
Considering the nature of allegations and the materials available on record, I am not in
clined to grant anticipatory bail to the petitioners. However, it is directed that in the even
t the petitioners surrender in the court below and move for their bail, the same shall be disp
osed of in accordance with law on its own merit without being influenced by this order; furthe
r taking into account the factum of acquittal of the co-accused persons in the earlier trial a
s per law.
The Misc. Case is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
D. Dash, J.
Narayan
1 issue framed by the court
Whether anticipatory bail ought to be granted given the nature of allegations and co-accused acquittal.
Narayan
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court