Allowed the petition for pre-arrest bail for implicates in a case under the IPC. Directed that upon arrest, they be released on bail with conditions to cooperate in the investigation, provided no graver offence is found against them.
Directed release on pre-arrest bail; upon arrest, release on bail with conditions to cooperate in investigation.
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ABLAPL No.949 of 2019
The petitioners in this case having been implicated in Kanas P.S. Case No.0002 of 2019 corresponding to G.R. Case No.44 of 2019, pending in the court of learned SDJM, Puri for alleged commission of offences punishable under Sections 341/323/324/294/506/34 of I.P.C. have filed this petition for their release on pre-arrest bail.
Heard learned counsel for the petitioners and learned counsel for the State.
Perused the allegation made in the F.I.R.
Regard being had to the nature of accusations, character of evidence appearing against the petitioners, circumstances in which the offences stated to have committed and also the fact that custodial interrogation of the petitioners are not essential for investigation of the case coupled with the fact that the petitioners at large shall not make any hindrance to the investigation and collection of materials, this Court is of the view that the petitioners in this case deserve to be released on pre-arrest bail, more so when this Court feels that the petitioners have hardly any chance of abscondance, if released on pre-arrest bail.
Accordingly, the prayer of the petitioners for prearrest bail is allowed with a direction 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 including the condition that the petitioners shall cooperate with the investigation.
2
However, it is made clear that if any graver offence is found against the petitioners in this case besides the aforesaid offences, this order shall not be given effect to.
The ABLAPL is, accordingly, disposed of.
Urgent certified copy of this order be granted on proper application.
………………….. S.Pujahari, J.
RKS
3 issues framed by the court
Whether the petitioners should be granted pre-arrest bail in a case involving offences under various sections of the IPC.
Whether the custodial interrogation of the petitioners is essential for the investigation of the case.
Whether the likelihood of the petitioners absconding justifies refusing pre-arrest bail.
1 provisions across 1 enactments
Petitioners
State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
