This court granted pre-arrest bail to the petitioner, who faced charges of assault and cheating, subject to a strict condition that a JCB Machine alleged to be in the informant's custody must be returned.
Released on pre-arrest bail subject to the JCB Machine being returned to the informant. Bail denied if machine not returned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.11471 of 2021
Abhiram Panda
…. Petitioner
-versus-
State of Odisha
…. Opposite Party
CORAM: JUSTICE S. PUJAHARI
ORDER
Order No.
21.12.2021
the Petitioner took the JCB Machine of the Informant on hire basis and gave assurance that he will pay cash of Rs.75,000/-
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per month and on 15.06.2021, he paid Rs.53,500/-. On 24.06.2021, when the husband of the Informant stated to have demanded back the JCB Machine and rest money, the Petitioner stated to have abused and assaulted within an attempt to kill him.
Machine is in the custody of the Informant presently and the co-accused has already released on bail by the court below and also the Petitioner has no criminal antecedent, so also no material is there to suggest that Petitioner release shall have an adverse impact on a free and fair investigation and/or he shall abscond. As such, the Petitioner may be released on pre-arrest
bail.
case dairy submits that no external injury is there on the person of the injured, though injured was complained pain on his neck.
this Court directs that in the event of arrest of the Petitioner in connection with the aforesaid case, he be released on bail by
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// 3 //
the Officer effecting arrest on such terms and conditions as deemed just and proper subject to the verification of the fact that the JCB Machine has been returned to the Informant.
that the Petitioner shall cooperate with the investigation and no other graver offence is reported against the Petitioner besides
the aforesaid offences.
returned to the Informant, this order shall not be given effect to.
application.
(S. Pujahari) Judge
DA
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2 issues framed by the court
Whether the petitioner should be granted pre-arrest bail pending investigation.
Whether the return of the JCB Machine is a condition precedent for the grant of bail.
1 provisions across 1 enactments
Abhiram Panda
State of Odisha
S. PUJAHARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
