The High Court considered an application for anticipatory bail from petitioners already implicated in a trial court case alleging offenses under multiple IPC sections. The court granted a conditional order.
Anticipatory bail is addressed by an administrative order to be approached by the petitioner before the trial court within fifteen days.
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ABLAPL No.19296 of 2016
04. 15.03.2017 The petitioners having been implicated in Soro P.S. Ca
se No.443 of 2016 corresponding to C.T. Case No.905 of 2016 registered for alleged commission
of offence under sections 341/323/294/354/307/506/34, I.P.C. pending in the Court of the learn
ed J.M.F.C., Soro have filed this application for grant of bail in the event of their arrest
in the said case.
Learned counsel for the petitioner submits that the parties belonged to the sa
me village and they have prior enmity and for that the F.I.R. contains some exaggerated versio
n. He further submits that the injuries sustained by the injured persons have also been found
to be simple in nature, In view of the above, when there remains no scope on the part of the p
etitioners to flee from justice or to tamper the evidence, he urges for grant of anticipatory
bail to the petitioners.
Learned Additional Government Advocate opposes the move.
Considering the submissions, in view of the nature of accusations and other su
rrounding circumstances of the case, in the absence of any other impediment, it is directed th
at in the event the petitioners surrender before the court in seisin of the above mentioned ca
se within fifteen days and move for bail, they be released on bail with such terms and conditi
ons as would be deemed just and proper by the said court.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
D. Dash, J.
H
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners implicated in an under-trial case involving sections 341/323/294/354/307/506/34 IPC given the presence of prior enmity and simple injuries.
Whether the petitioners satisfy the conditions for release on bail if their arrest occurs.
Unknown Petitioners
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court