Allowed

Markanda Behera v. State of Orissa

Orissa HC23 Aug 2016ABLAPL/8799/2016

Case brief

AI extract

What is this about?

In a bail application filed by petitioners implicated in sections 147, 148, 354, 436, 506, and 149 IPC offences, the court granted conditional bail, directing that if they surrendered to the court below within two weeks, they would be released on bail terms deemed appropriate by that court.

What did the court decide?

The petitioners are to be released on bail in the event of their arrest, provided they surrender before the court below within two weeks.

03. 23.08.2016 The petitioners having been implicated in Odag aon P.S. Case No.22 of 2009 arising out of G.R. Case No.94 of 2009 for alleged commission of o ffence under sections 147/148/354/436/506/149, I.P.C. pending on the file of learned J.M.F.C., Odagaon have filed this application for grant of bail in the event of their arrest in the sai d case.

Learned counsel for the petitioners submits that the name of these petitioners were not in the F.I.R. when ultimately their name have been given in the charge-sheet which t hey came to know when they were chased by the police on the strength of the N.B.W. issued agai nst them in the said case. He also submits that in this case the accused persons whose name fi nd place in the F.I.R. have already been released on bail by order of this Court on their surr endering in the court below. In view of all these, he urges for grant of bail in the event of their arrest on the strength of N.B.W. issued in the above noted case as no such direct role i s attributed to these petitioners in the alleged incident.

Learned counsel for the State does not refute the factum of release of co-accu sed persons on bail whose name find place in the F.I.R. However, he vehemently opposes the mov e in view of the conduct of the petitioners.

Considering the submissions and the materials available on record, viewing all other surrounding circumstances and attending factors, I am inclined to direct that in the e vent the petitioners surrender before the court below in the above mentioned case within a per iod of two weeks hence and move for their bail, they may be released on bail on such terms and conditions as the said court may deem just and proper.

Markanda Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

Markanda Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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