Allowed

S.Mahes @ Moses v. State of Odisha

Orissa HC6 Aug 2020ABLAPL/7452/2020

Case brief

AI extract

What is this about?

In pre-arrest bail appeals filed by nine persons facing charges under IPC sections 147, 294, 354, 506, and 149 in Rayagada, this court granted interim bail. The court observed that release would not hamper investigation as the petitioners expressed willingness to cooperate and posed no flight risk.

What did the court decide?

The ABLAPL disposed of being allowed; ruling directs arresting officer to release petitioners on bail with conditions.

S.Mahes @ Moses Vs State of Odisha — Bail and Remand | Orissa HC (2020)

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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI

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ABLAPL No.7452 of 2020

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S.Mahes @ Moses

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V.Saravi

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D.Gundu

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S.Asha

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D.Rita

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R.Naramada

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S.Gayatri

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S.Rajendra @ Rajendra Prasad

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D.Kumar 10.R.Vamsi … Petitioners

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Versus - State of Odisha … Opp. Party

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O R D E R

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06.08.2020

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In the wake of the pandemic Covid-19, the case is taken up through V.C.

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The petitioners apprehending their arrest in Rayagada P.S. Case No.202 of 2020, corresponding to G.R. Case No.453 of 2020, pending in the court of learned S.D.J.M., Rayagada registered for alleged commission of offences punishable under Sections 147/294/354/506/149 of the I.P.C. have filed this petition for their release on pre-arrest bail.

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Heard, the learned counsel for the petitioners and learned counsel for the State.

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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

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and also it being not disputed that the petitioners’ release on pre-arrest bail shall not be an 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 absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail.

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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 Officer effecting arrest on such terms and conditions as deemed just and proper.

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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.

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The ABLAPL is, accordingly, disposed of being allowed.

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As lock-down period is continuing for COVID19, learned counsel for the parties may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.

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…………………….. S.Pujahari, J.

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RKS

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S.Mahes @ Moses v. State of Odisha

Case brief

What is this about?

What did the court decide?

S.Mahes @ Moses v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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