The High Court granted pre-arrest bail to the petitioner, directing surrender within four weeks. The court noted the gravity of charges including IPC 307 but found no likelihood of absconding or tampering.
Petition for pre-arrest bail allowed; petitioner directed to surrender within four weeks for regular bail.
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ABLAPL No.12248 of 2019
Heard, the learned counsel for the petitioner and learned counsel for the State.
Perused the allegations made in the F.I.R.
It appears that the aforesaid case has been registered pursuant to the complaint petition sent under Section 156(3) of Cr.P.C. by the learned J.M.F.C., Pipili to the police and in the meanwhile investigation has been completed and charge-sheet has already been filed.
Considering the nature of accusation including the accusation under Section 307 of I.P.C. and the circumstances in which the offences stated to have been committed and there being no likelihood of the petitioner absconding or tampering with the prosecution evidence, if released on pre-arrest bail, this Court directs that if the petitioner surrenders before the Court in seisin over the matter within four weeks’ hence and makes a motion for bail, the Court concerned shall release him on bail in connection with the aforesaid
2
case on such terms and conditions as it may deem just and proper including the condition that he shall co-operate with the trial.
It is made clear that no further extension of time with regard to the surrender of the petitioner shall be granted in any circumstances.
Accordingly, the prayer for pre-arrest bail stands allowed and the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
…………………….. S.Pujahari, J.
RKS
2 issues framed by the court
Whether to grant pre-arrest bail to the petitioner apprehending arrest in a case involving serious offences including attempt to murder.
Whether to direct the trial court to release the petitioner on bail upon his surrender within a specified period.
5 provisions across 3 enactments
Petitioner
State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
