Allowed

Baburam Jena v. State of Odisha

Orissa HC20 Aug 2020ABLAPL/7568/2020

Case brief

AI extract

What is this about?

In a bail petition filed under IPC sections including 498A and 354 arising from marital discord, the High Court granted pre-arrest bail to the petitioners, directing their release if arrested, subject to conditions of cooperating with the investigation and not committing any graver offence.

What did the court decide?

Directions that petitioners be released on bail upon arrest by the arresting officer on such terms and conditions as deemed just and proper.

Baburam Jena Vs State of Odisha — Domestic Violence | Orissa HC (2020)

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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI

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ABLAPL No.7568 of 2020

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Baburam Jena

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Kunimani Jena … Petitioners - Versus - State of Odisha … Opp. Party

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O R D E R

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20.08.2020

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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 Singla P.S. Case No.45 of 2020, corresponding to C.T. Case No.300 of 2020, pending in the court of learned J.M.F.C., Basta, registered for alleged commission of offences punishable under Sections 498A/323/324/354/294/506/34 of the I.P.C. read with Section 4 of D.P. Act 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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Perused the allegation made in the F.I.R.

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It appears that the matter arises out of marital discord.

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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

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in which the offences stated to have been committed, maximum punishment provided on conviction for the most grave offence alleged being seven years 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 COVID-19, 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

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certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.

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RKS

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…………………….. S.Pujahari, J.

Baburam Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Baburam Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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