Anticipatory bail application filed by petitioners implicated in SC/ST (PA) Act offence under Sections 294/323/447/34 IPC. Court directed release on bail if petitioners surrender within two weeks, subject to just and proper terms.
Release on bail if petitioners surrender before the court in seisin within two weeks, subject to just and proper terms.
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ABLAPL No. 9595 of 2018
Learned counsel for the petitioners submits that there is a case and counter case for the same incident. He further submits that accepting the allegations on their face value all the ingredients for attraction of offence under section 3(1)(f)(r )(s) of SC/ST (PA) Act are not prima facie satisfied.
Learned counsel for the State opposes the move.
Considering the submissions made and keeping in view the nature of allegations made against these petitioners, as well as the surrounding circumstances, it is directed that in the event the petitioners surrender before the court in seisin of the case within two weeks hence, they shall be released on bail on such terms and conditions 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.
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2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail under section 438 Cr.P.C. given the prima facie non-satisfaction of ingredients of the SC/ST (PA) Act charges upon face value of allegations.
Whether bail can be granted subject to the condition of surrender within two weeks.
3 provisions across 3 enactments
The Petitioners
The State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
