Nikash Meher v. State of Odisha
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Ks Heard learned counsel for the petitioner…
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ABLAPL No. 6750 of 2020
- 03.07.2020 Heard learned counsel for the petitioner and learned Additional Government Advocate.
The petitioner is allegedly involved in Special G.R. Case No. 14 of 2019 arising out of Sonepur P.S. Case No. 204 of 2019 pending in the court of learned Addl. Sessions Judge-cumSpecial Judge, Sonepur for commission of offence under Sections 363/114 of I.P.C.
Learned counsel for the petitioner contended that earlier the petitioner was released on bail by the Police after complying Section 41 of Cr.P.C. He further submitted that principal accused one Liman Padhy is in custody. In the meantime police has already submitted charge sheet under Section 363/114 of I.P.C. Since the petitioner apprehends his arrest moved the present bail application.
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 petitioner surrenders before the learned Addl. Sessions Judge-cum-Special Judge, Sonepur and move an application for bail in such event the court below shall release the petitioner on bail with such conditions as he deems fit and proper.
The ABLAPL is accordingly disposed of.
……………… S. Panda,J.
Ks
2
Issues for consideration
2 issues framed by the court
Whether the petitioner, apprehending arrest in a Special Grievance Case, is entitled to bail on surrendering before the trial court.
Whether the trial court can direct bail upon the petitioner's compliance with Section 41 Cr.P.C. and submission of charges.
Parties & counsel
- applicant
Petitioner
Coram
S. Panda
Case details
As recorded by the court registry
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