Allowed

Jitua@Jitendra Kumar Sahoo v. State of Orissa

Orissa HC11 Jan 2017ABLAPL/15520/2016

Case brief

AI extract

What is this about?

This court granted pre-arrest bail to the petitioner accused under various IPC sections for assault. Noting the lack of an injury report and progress of investigation with no material to suggest absconding or tampering, the judge allowed the application and directed the arresting officer to release the petitioner on bail.

What did the court decide?

Prayer for pre-arrest bail allowed; petitioner to be released on bail on arrest with conditions including cooperation with investigation.

It appears that in spite of the opportunities given in this case, injury report has not been produced. However, an adjournment of this case is sought for today to produce the injury report. Considering the fact that this matter is pending since 21.09.2016 and in spite of the opportunities given, injury report has not been produced, this Court is not inclined to adjou rn this matter further.

Heard the learned counsel for the petitioner and the learned counsel for the State. The petitioner in this case having been implicated in Jajpur P.S. Case No.217 of 2016 c orresponding to G.R. Case No.770 of 2016, pending in court of the learned S.D.J.M., Jajpur for alleged commission of offences punishable under Sections 341/324/294/427/379/34 of I.P.C., ha s filed this petition for his release on pre-arrest bail.

It is stated that during course of a quarrel, the petitioner stated to have assaulted t he injured and caused fracture injury on the head, but the same is not substantiated by the in jury report by the prosecution. It appears that investigation in this case has substantially p rogressed. Nothing is there on record indicating the fact that the petitioner is a person of c riminal antecedents. No material is produced to show that the petitioner shall abscond and/or tamper with the prosecution evidence, if allowed to go on bail.

Therefore, regard being had to the aforesaid facts and submissions made, especially the nature of accusation against the petitioner, circumstances in which the offence alleged to ha ve been committed and hardly any material being there to suggest that the petitioner shall abs cond or tamper with the prosecution evidence, if allowed to go on pre-arrest bail, I am of the view that this is a fit case to enlarge the petitioner on pre-arrest bail.

Hence, this Court directs that in the event of arrest of the petitioner in connection w ith the aforesaid case, he be released on bail by the arresting officer on such terms and cond itions as he may deem just and proper including the condition that he shall cooperate with the investigation.

Jitua@Jitendra Kumar Sahoo v. State of Orissa

Case brief

What is this about?

What did the court decide?

Jitua@Jitendra Kumar Sahoo v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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