The High Court declined to grant anticipatory bail in a murder case, directing the petitioner to surrender within two weeks for bail consideration.
Petitioner directed to surrender within two weeks and move for regular bail; bail in event of arrest not granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ABLAPL No. 10465 OF 2018
02. 24.08.2018
The petitioner having been implicated in Khordha P.S. Case No. 74 of 2016 corresponding to G.R. Case No. 542 of 2016 on the file of learned S.D.J.M., Khordha for alleged commission of offence under section 302/34 of the IPC, has filed this application under section 438 of Cr.P.C. for grant of bail in the event of his arrest in the said case.
Heard learned counsel for the petitioner and learned counsel for the State.
Considering the submissions made and keeping in view the nature of accusations, while being not inclined to grant anticipatory bail to the petitioner, it is directed that in the event the petitioner surrenders before the court in seisin of the case within two weeks hence and moves for his release on bail, the same shall be considered on its own merit and disposed of in accordance with law without being influenced by this order.
The ABLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
Narayan
D. Dash, J.
1 issue framed by the court
Whether anticipatory bail should be granted to a petitioner accused of murder under IPC sections 302/34.
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
