Allowed

Sk. Sekhabat @ Sk. Sakhawat Alli v. State of Odisha

Orissa HC23 Nov 2021ABLAPL/10141/2021

Case brief

AI extract

What is this about?

A bail petition under Sections 342, 294, 323, 354-A, 354-B, and 506/34 IPC was allowed. The High Court directed surrender within six weeks to secure release on subsequent bail, with strict conditions regarding witness interference; failure to surrender permits police custody.

What did the court decide?

Stay on arrest granted provided surrender occurs within six weeks for regular bail application.

Sk. Sekhabat @ Sk. Sakhawat Alli Vs State of Odisha — Bail and Remand | Orissa HC (2021)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

ABLAPL No.10141 of 2021

¶3

Sk. Sekhabat @ Sk. Sakhawat Alli & others.

¶4

…. Petitioners

¶5

-versus-

¶6

State of Orissa

¶7

…. Opposite Party

¶8

CORAM: JUSTICE S. PUJAHARI

Order No.

ORDER 23.11.2021

This matter is taken up through Hybrid mode.

¶13

The Petitioners apprehending their arrest in Salepur P.S. Case No.172 of 2021 corresponding to G.R. Case No.535 of 2021, pending in the court of the learned J.M.F.C., Salepur, registered for alleged commission of offences punishable under Sections 342, 294, 323, 354-A, 354-B and 506/34 of IPC, have filed this petition for their release on pre-arrest bail.

¶14

Heard the learned counsel for the Petitioners and the learned counsel for the State.

¶15

It is stated that charge-sheet in this case has already been filed.

¶16

Regard being had to the facts and submissions made, especially the nature of accusation, circumstances in which the offences stated to have been committed and it being not disputed

¶17

Page 1 of 2

¶18

// 2 //

¶19

that the Petitioners’ release on pre-arrest bail shall not be an hindrance to a free and fair trial, this Court directs that if the Petitioners surrender before the Court in seisin over the matter within six weeks hence and make a motion for bail, the Court in seisin over the matter shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper including the condition that they shall not make any contact or terrorize the prosecution witnesses in any manner, violation of which shall entail cancellation of bail availed of pursuant to this order.

¶20

However, if the Petitioners do not surrender within the time stipulated, there is no impediment on the part of the police to take them to custody and produce in the Court executing the non-bailable warrant issued or pending against them in the aforesaid case and in that event, the court concerned shall consider their prayer on its own merit.

¶21

The ABLAPL is, accordingly, disposed of being allowed.

¶22

Urgent certified copy of this order be granted on proper application.

¶23

(S. Pujahari) Judge

¶24

MRS

¶25

Page 2 of 2

Sk. Sekhabat @ Sk. Sakhawat Alli v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk. Sekhabat @ Sk. Sakhawat Alli 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

Menaka Bagarti Vs State of Odisha

Pradeep Kumar Khutla @ Khutula Vs State of Odisha

Sasmita Panda Vs State of Odisha

Mithun Patsahani Vs State of Odisha

Sanjaya Paikray Vs State of Odisha

Sreedhar Mallick Vs State of Odisha