Allowed

Bishnupriya Swain v. State of Odisha

Orissa HC9 Sept 2020ABLAPL/9878/2020

Case brief

AI extract

What is this about?

This bail petition was heard via video conferencing considering the pandemic. The Court granted pre-arrest bail to the petitioners charged with offences under IPC Sections 341, 323, 354, 294, and 506/34, directing their release if arrested, subject to cooperation with the investigation.

What did the court decide?

Petitioners be released on bail by the Arresting Officer if arrested, on such terms as deemed just, subject to cooperation with investigation.

Bishnupriya Swain 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.9878 OF 2020

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Bihnupriya Swain.

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Sankar Pradhan @ Nayak.

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Ludul Swain.

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…….. Petitioners

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-Versus-

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State of Odisha …….. Opp.party

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O R D E R

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02. 09.09.2020

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In the wake of the Pandemic Covid-19, the case is taken up through Video Conferencing.

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The petitioners apprehending their arrest in Chandrasekharpur P.S. Case No.281 of 2020, corresponding to C.T. Case No.3341 of 2020 on the file of the S.D.J.M., Bhubaneswar registered for alleged commission of offences punishable under Sections 341, 323, 354, 294, 506/34 of 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 the 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, punishment provided on conviction for the most grave offence alleged being seven years imprisonment and also

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it being not disputed that the petitioners’ release on prearrest bail shall not be a hindrance to a 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 Arresting Officer on such terms and conditions as he may deem 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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Due to difficulties faced by the parties in getting the certified copies of this order and in view of the Court’s Notice No.4587 dated 25.03.2020, if a printout of this order from the website of the High Court is produced by the party duly attested by him to be the true copy, the same be treated at par with the certified copy and the direction be complied with.

S.Pujahari, J.

MRS

Bishnupriya Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bishnupriya Swain 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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