The Single Judge allowed a bail application by petitioners apprehending arrest in an IPC case, directing release on bail if arrested without unfairly hampering investigation.
Direction to arresting officer to release petitioners on bail if arrested, subject to conditions of cooperation.
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ABLAPL NO.11069 OF 2019
02 16.08.2019
The petitioners apprehending their arrest in Dhenkanal Town P.S. Case No.209 of 2019 corresponding to G.R. Case No.790 of 2019 pending in the court of learned S.D.J.M.,Dhenkanal for alleged commission of offences punishable under Sections 341/294/324/ 506/34 of I.P.C. have filed this petition for their release on pre-arrest bail.
Heard the learned counsel for the petitioners and learned counsel for the State.
Perused the F.I.R. allegations.
On consideration of the allegations made in the F.I.R. and also the submissions made, especially the nature and character of allegations, circumstances in which the offences stated to have been committed, punishment provided on conviction of the major offence alleged and also it being not disputed that the petitioners’ release on pre-arrest bail shall not be a hindrance to a free and fair investigation, this Court is of the view that the petitioners have made out a case for their release on prearrest bail, more particularly when they are ready and willing to cooperate with the investigation and they have no chance of abscondance and/or tampering with the prosecution evidence, if released on pre-arrest bail.
Hence, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they be released on bail by the Officer effecting arrest on such terms and conditions as he may deem just and proper.
However, the aforesaid order is subject to the condition that the petitioners shall cooperate with the investigation and no other graver offence is reported against the petitioners besides the aforesaid offences.
The ABLAPL is, accordingly, disposed of being allowed.
Urgent certified copy of this order be granted on proper application.
…………………… S.Pujahari, J.
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1 issue framed by the court
Whether the petitioners are entitled to release on pre-arrest bail apprehending arrest in a Dhenkanal Town P.S. case?
1 provisions across 1 enactments
Petitioners
State
S.Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
