Partly allowed

Sarat Chandra Ojha v. State of Orissa

Orissa HC3 Jan 2017ABLAPL/20406/2016

Case brief

AI extract

What is this about?

The High Court allowed anticipatory bail to petitioner no. 2 but rejected the same for petitioner no. 1, finding the case a fit one for the former but not the latter, subject to conditions upon arrest.

What did the court decide?

Prayer for anticipatory bail to petitioner no. 2 allowed; prayer for petitioner no. 1 rejected. Conditional bail directed if petitioner no. 2 arrested.

2. 3.1.2017 The petitioners having been implicated in C.T. Case No.1123 of 2016 arising out of Chandaka P.S. Case No.131 of 2016 registered for alleged commission of offence under sections 498-A/323/294/506/354/34 IPC pending in the court of learned J.M.F.C.(O), Bh ubaneswar have filed this application under Section 438 of the Cr.P.C. for grant of anticipat ory bail.

Learned counsel for the petitioners submits that these petitioners hav e been unnecessarily arraigned in the case though they are residing separately. It is his subm ission that petitioner nos. 1 and 2 who are brother-in-law and sister-in-law of the informant respectively reside separately and the dispute here is between the informant and her husband. Learned Addl. Govt. Advocate opposes the move especially in respect of petitioner no.1. According to him, serious allegations have been made against the petitioner no. 1 as regards torture describing the manner stretching over a long period.

Considering the submission, viewing the materials on record as also ot her surrounding circumstances of the case, while finding it to be a fit case for grant of anti cipatory bail to the petitioner no.2; I do not find it to be a fit one for grant of anticipato ry bail to the petitioner no. 1. Accordingly, the prayer for anticipatory bail to the petition er no. 1 stands rejected. However, it is observed that in the event the petitioner no.1 surren ders before the court in seisin of the case and moves for his release on bail, the same shall be considered on its own merit and disposed of early in accordance with law without being infl uenced by this order. It is further directed that in the event the petitioner no. 2 is arreste d in the aforesaid case, she shall be released on bail on such terms and conditions as deemed fit and proper by the Arresting Officer

Sarat Chandra Ojha v. State of Orissa

Case brief

What is this about?

What did the court decide?

Sarat Chandra Ojha v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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