Allowed bail in matrimonial discord case. Court directed arrest officer to release petitioner on bail subject to cooperation and disclosure of no graver offences pending.
Directed that petitioner be released on bail by arresting officer on just and proper terms and conditions to cooperate with investigation and if no other graver offence is reported.
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ABLAPL No.445 of 2019
Heard, learned counsel for the petitioner and learned counsel for the State.
Perused the F.I.R. The mediation report dated 8.4.2019 has come which has became unsuccessful. 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
1 issue framed by the court
Whether to grant pre-arrest bail to proceedings under Sections 498(A)/323/34 of IPC read with Section 4 of DV Act.
2 provisions across 2 enactments
Petitioner
State
S.Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
