Sk.Sahid v. State of Orissa
Case brief
What is this about?
The Single Judge granted conditional anticipatory bail to a petitioner implicated in a theft case involving stolen bullocks, directing release if arrested subject to cooperation with investigation.
What did the court decide?
It is directed that if the petitioner is arrested in the case, he shall be released on bail with such terms and conditions deemed just by the Arresting Officer, with a condition to cooperate with the
What the court decided
ABLAPL No. 20589 OF 2016
02. 04.01.2017 The petitioner having been implicated in Gop P.S. Case No. 146
of 2016 corresponding to G.R. Case No. 797 of 2016 on the file of learned J.M.F.C., Nimapara
for alleged commission of offence under section 457/380 of IPC, has filed this application for
grant of anticipatory bail.
Learned counsel for the petitioner submits that as against the allegation of t
heft of a pair of bullock by unknown person; in the meantime recovery of stolen bullock has al
ready been made and this petitioner apprehends his arrest in the case as because the recovery
has taken place from the house of his brother with whom at times he resides when the fact rema
ins that he has no knowledge about such commission of alleged offence. Therefore, he urges for
grant of anticipatory bail to the petitioner.
Learned counsel for the State opposes the move.
Considering the submissions, viewing the nature of accusations and in the abse
nce of any such impediment, it is directed that in the event the petitioner is arrested in the
above case, he be released on bail with such terms and conditions as would be deemed just and
proper by the Arresting Officer with further condition that he will cooperate with the invest
igation as and when required.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
Narayan
.. D. Dash, J
// 2 //
Issues for consideration
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a theft case where the stolen articles were recovered from his brother's house.
Parties & counsel
- petitioner
Petitioner
- respondent
State
Coram
D. Dash
Case details
As recorded by the court registry
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