Allowed

Surendra Dalai v. State of Orissa

Orissa HC11 Apr 2017ABLAPL/3332/2017

Case brief

AI extract

What is this about?

The single judge granted anticipatory bail to the petitioners in connection with a case alleging offences under sections 341, 323, 325, 294, 506, and 34 of the IPC. The court observed the offences were triable by a Magistrate and directed bail upon arrest subject to conditions.

What did the court decide?

Anticipatory bail granted upon arrest subject to furnishing a bail bond of Rs. 5,000 each with two sureties and specified conditions.

This is an application under section 438 Cr.P.C. for grant of anticipa tory bail to the petitioners in connection with Brahmagiri P.S. Case No.57 of 2017 correspondi ng to G.R. Case No.422 of 2017 pending in the Court of learned S.D.J.M., Puri for alleged comm ission of offences under sections 341/ 323/325/294/506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that due to political rivalry between the parties, the case has been foisted. He further submits that the offences are triable by Magist rate. He further submits that the offence under section 506 of the Indian Penal Code is the on ly non-bailable and therefore, the anticipatory bail application of the petitioner may be favo urably considered.

Considering the submissions made by the respective parties, the nature of accusation a gainst the petitioners, the fact that the offences are triable by Magistrate and the offence u nder section 506 of the Indian Penal Code is only non-bailable, I am inclined to release the p etitioners on anticipatory bail and accordingly, this Court directs that in the event of arres t of the petitioners in connection with the aforesaid case, they shall be released on bail on

furnishing bail bond of Rs.5,000/- (Rupees five thousand) each with two sureties each for t he like amount to the satisfaction of the arresting officer with further conditions that they shall make themselves available for interrogation by the I.O. as and when required and they shall not directly or indirectly make any inducement, threat or promise to a ny person acquainted with the facts of the case so as to dissuade him from disclosing any fact s to the Courts or to the Investigating Officer.

Surendra Dalai v. State of Orissa

Case brief

What is this about?

What did the court decide?

Surendra Dalai v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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