In ABLAPL No. 11208 of 2016, the Sikkim High Court declined to grant anticipatory bail to a petitioner implicated in a dual FIR under IPC 307, 498-A and DP Act 4. The court directed the petitioner to surrender and subsequently move for bail, to be decided on merits.
Anticipatory bail denied; petitioner directed to surrender and seek regular bail.
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ABLAPL No. 11208 OF 2016
04. 08.03.2017 Heard learned counsel for the petitioner and learned Addl. Sta
nding Counsel.
The petitioner having been implicated in Patkura P.S. Case No. 184 of 2016 co
rresponding to G.R. Case No. 1127 of 2016, on the file of learned S.D.J.M., Kendrapara for all
eged commission of offence under section 498-A/307/34 of IPC read with section 4 of the D.P. A
ct, has filed this application for grant of anticipatory bail.
Considering the submissions and viewing nature of accusations against the peti
tioner, while being not inclined to grant of anticipatory bail to the petitioner, it is direct
ed that in the event the petitioner surrenders before the court in seisin of the case and move
s for his release on bail, the same shall be considered on its own merit and disposed of early
in accordance with law without being influenced by this order.
The case record be made available accordingly.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be grant on proper application.
.. D. Dash, J.
Narayan
// 2 //
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner.
Whether the petitioner should be directed to surrender for bail consideration.
Narayan
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court