The Court directed the Court in seisin to grant bail to the petitioner within six weeks of her surrender, subject to terms considered just and proper, noting the absence of risk of absconding or evidence tampering.
Allowed surrender within six weeks for bail on terms to be fixed by the Court in seisin.
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ABLAPL No.2202 of 2018
05. 06.08.2019
The petitioner apprehending her arrest in Bhanjanagar P.S. Case No.400 of 2017, corresponding to G.R. Case No.779 of 2017, pending in the court of the learned S.D.J.M., Bhanjanagar for alleged commission of offences punishable under Sections 341/323/324/307/34 of IPC, has filed this petition for her release on pre-arrest bail.
Heard, learned counsel for the petitioner and learned counsel for the State.
The occurrence appears to have taken place due to land dispute between the parties. The petitioner was on interim bail vide order dated 14.03.2018 and nothing is reported against her to have misutilized the liberty granted to her pursuant to the interim bail. Injuries sustained by the injured are simple in nature. Investigation in this case has substantially progressed. Charge sheet in this case has been filed. No material also produced indicating the fact that the petitioner shall abscond and/or tamper with the prosecution evidence and/or hindrance to free and fair investigation, if released on pre-arrest bail.
Considering the aforesaid facts and submissions made, this Court directs that if the petitioner surrenders before the Court in seisin over the matter within six weeks hence and makes a motion for bail, the Court in seisin over the matter shall release her on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper.
It is made clear that no further extension of time with regard to surrender of the petitioner shall be granted in any circumstances.
The ABLAPL is, accordingly, disposed of.
Urgent certified copy of this order be granted on proper application.
…………………..
S.Pujahari, J.
DA
1 issue framed by the court
Whether the petitioner deserves bail considering she was on interim bail and no scope for absconding or tampering was shown.
Petitioner
State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
