Bhagirathi Jani v. State of Odisha
Case brief
What is this about?
The High Court granted pre-arrest bail to the petitioner in an excise offence case involving illegal possession of liquor.
What did the court decide?
The petitioner to be released on bail on arrest subject to cooperation with investigation and no new graver offence.
What the court decided
CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
ABLAPL No.5880 of 2020
Bhagirathi Jani … Petitioner - Versus - State of Odisha … Opp. Party
O R D E R
- 11.09.2020
The petitioner apprehending his arrest in Ranpur Charge P.R. No.37 of 18-19, corresponding to 2(a)CC No.71 of 2018, pending in the court of J.M.F.C., Ranpur, registered for alleged commission of offence punishable under Section 52(c) of Orissa Excise Act, has filed this petition for his release on pre-arrest bail.
Heard, the learned counsel for the petitioner and learned counsel for the State.
The allegation of the prosecution is that the petitioner was found to be in illegal possession of 200 liters of fermented Gur wash materials and 5 liters of I/D liquor.
Considering the facts and the submissions made, especially the nature and character of allegation, quantum of liquor seized, circumstances in which the offence stated to have been committed and it being not disputed that the petitioner’s release on pre-arrest bail shall not be an hindrance to the free and fair
2
Issues for consideration
1 issue framed by the court
Whether the petitioner is entitled to release on pre-arrest bail pending investigation.
Parties & counsel
- petitioner
Bhagirathi Jani
- respondent
State of Odisha
Coram
S Pujahari
Case details
As recorded by the court registry
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