Single-judge court allowed a petition for pre-arrest bail in MATRIMONIAL QUASHING AND FIR arising from matrimonial discord. Ordered release on bail upon cooperation with investigation and no graver offence.
Release on bail subject to conditions of cooperation with investigation and no graver offence.
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ABLAPL No.3390 of 2019
Heard learned counsel for the petitioner and learned counsel for the State.
Perused the F.I.R.
It appears that the matter arises out of matrimonial discord between the parties.
Hence, regard being had to the facts and submissions made, especially the nature of accusation as appearing in the F.I.R. filed and also the fact that this matter arises out of matrimonial discord and also the punishment prescribed for the offence alleged and there is no likelihood of the petitioner absconding or tampering with the prosecution evidence, if released on pre-arrest bail, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he be released on bail by the Arresting Officer on such terms and conditions as he may deem just and proper.
However, the aforesaid order is subject to the condition that the petitioner shall cooperate with the investigation and no other graver offence is reported against the petitioner 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.
RKS
2
2 issues framed by the court
Whether the petitioner can be released on pre-arrest bail pending investigation in a matrimonial offence.
What conditions should be imposed in granting pre-arrest bail to ensure cooperation with investigation.
Petitioner
State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
