Allowed

Sanjaya Kumar Maharana @ Moharana v. State of Odisha

Orissa HC5 Aug 2020ABLAPL/7915/2020

Case brief

AI extract

What is this about?

In a petition for pre-arrest bail, the High Court of Odisha, considering the nature of the allegations under IPC Section 498A and other provisions related to marital discord, held that the petitioner has made out a case for release as he is willing to cooperate and unlikely to abscond or tamper with evidence. The bail is granted subject to conditions of cooperation and no graver offences.

What did the court decide?

The petitioner is directed to be released on bail on arrest by the Officer effecting arrest on such terms and conditions as deemed just and proper.

Sanjaya Kumar Maharana @ Moharana Vs State of Odisha — Bail and Remand | Orissa HC (2020)

¶1

CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI

¶2

ABLAPL No.7915 of 2020

¶3

Sanjaya Kumar Maharana @ Moharana

¶4

… Petitioner - Versus - State of Odisha … Opp. Party

¶5

O R D E R

¶6

05.08.2020

¶7

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

¶8

The petitioner apprehending his arrest in Jatni P.S. Case No.216 of 2020, corresponding to G.R. Case No.238 of 2020, pending in the court of learned J.M.F.C., Jatni registered for alleged commission of offences punishable under Sections 498A/341/323/294/506/34 of the I.P.C. have filed this petition for his release on pre-arrest bail.

¶9

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

¶10

Perused the allegation made in the F.I.R.

¶11

It appears that the matter arises out of marital discord.

¶12

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, punishment provided on conviction and also it being

¶13

¶14

not disputed that the petitioner’s release on pre-arrest bail shall not be an hindrance to the free and fair investigation, this Court is of the view that the petitioner has made out a case for his release on prearrest bail, more particularly when he is ready and willing to cooperate with the investigation and he has no chance of absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail.

¶15

Hence, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper.

¶16

However, the aforesaid order is subject to the condition that the petitioner shall cooperate with the investigation and no other graver offence is reported against the petitioner besides the aforesaid offences.

¶17

The ABLAPL is, accordingly, disposed of being allowed.

¶18

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.

¶19

…………………….. S.Pujahari, J.

¶20

RKS

Sanjaya Kumar Maharana @ Moharana v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sanjaya Kumar Maharana @ Moharana 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

Case details

Similar cases

Mohit Agarwal Vs District Magistrate, Sambalpur

Kailash Chandra Pradhan Vs S.P.,Bhadrak

Biswanath Jena Vs S.P., Bhadrak

Kulamani Paltasingh Vs State of Odisha

Pabi @ Pabitra Mohan Beura Vs State of Odisha

Sk.Maniruddin Vs State of Odisha