The court allowed a petition seeking pre-arrest bail for petitioners apprehending arrest in a criminal case. The court held that the case for bail was made out and directed the arresting officer to release them on bail terms.
The ABLAPL was disposed of being allowed; the Arresting Officer is directed to release the petitioners on bail on just and proper terms.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ABLAPL NO.8443 OF 2019
02 24.06.2019
The petitioners apprehending their arrest in Kantamal P.S. Case No.101 of 2019, corresponding to C.T. Case No.165 of 2019 pending in the court of learned J.M.F.C., Kantamal for alleged commission of offences punishable under Sections 294/427/323/506/34 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 make any hindrance to the free and fair investigation, this Court is of the view that the petitioners have made out a case for their release on pre-arrest 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 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 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.
lnb
2
lnb
3
lnb
lnb
4
lnb
lnb
5
lnb
lnb
6
lnb
7
8
2 issues framed by the court
Whether the petitioners are entitled to release on pre-arrest bail apprehending arrest in connection with the offences alleged in C.T. Case No.165 of 2019.
Whether the petitioners satisfy the conditions for bail by ensuring cooperation with investigation and non-abscondance.
The Petitioners
The State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
