Bholanath Barik v. State of Odisha
Case brief
What is this about?
The High Court directed that if petitioners surrender for an underlying case and move an application for bail, the lower court must release them on bail on specified terms including a cash security of Rs.5,000.
What the court decided
A compact analysis
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ABLAPL NO.6395 OF 2020
- 12.06.2020 Heard learned counsel for the petitioners and learned Addl. Government Advocate.
- The petitioners are allegedly involved in G.R. Case No.748 of 2020 arising out of Gopalaprasad OP P.S. Case No.171 of 2020 pending in the Court of learned S.D.J.M., Talcher for commission of offences under Sections 120-B, 379, 411, 467, 468, 471, 34 of I.P.C and Section 12 of the Orissa Mines And Minerals (Prevention of Theft Smuggling Activities) Act, 1989 and Section 21 of Mines and Minerals (Development and Regulation) Act, 1957.
- Learned counsel for the petitioners submitted that one of the co-accused has been released on bail.
- Perused the F.I.R. Taking into consideration the nature of allegation and the materials available on record and to expedite the trial, this Court directs that in case the petitioners surrender before the court below in connection with the aforesaid case and move an application for bail, the court below shall release them on bail on such terms and conditions as it may deem fit and proper, with further condition that the petitioners shall furnish cash security of Rs.5,000/- (rupees five thousand).
The ABLAPL is accordingly disposed of.
S.Panda, J.
Subrat
2
Issues for consideration
1 issue framed by the court
Whether the appellators shall, on moving an application for bail in the below concerned court, be granted bail on the condition of the payment of a security?
Parties & counsel
- petitioner
Petitioners
- respondent
Government
Coram
Subrat
Case details
As recorded by the court registry
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