Mir Biky v. State of Odisha
Case brief
What is this about?
The High Court of Orissa rejected a petition seeking release on pre-arrest bail under Section 438 of Cr.P.C., holding it misconceived and non-maintainable as the alleged offences under the cited IPC and Animal Cruelty Acts are bailable in nature.
What the court decided
A compact analysis
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, CUTTACK
ABLAPL No.1572 of 2021
Mir Biky … Petitioner
-versus –
State of Odisha … Opp. Party
CORAM : HON’BLE SHRI JUSTICE S. PUJAHARI
ORDER
- 09.04.2021
This matter is taken up by video conferencing mode. Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehending his arrest in Dhamanagar P.S. Case No.22 of 2021 corresponding to G.R. Case No.32 of 2021 pending in the court of J.M.F.C., Dhamanagar for alleged commission of offence punishable under Sections 279/429/34 IPC and Section 11(a)(d)(e) of the Prevention of Cruelty to Animals Act and Section 7 of the Orissa Prevention of Cow Slaughter Act has filed this petition for his release on pre-arrest bail.
Since the offence alleged is bailable in nature, this petition under Section 438 of Cr.P.C is misconceived and the same stands rejected being not maintainable.
Issues for consideration
1 issue framed by the court
Whether a petition filed under Section 438 of Cr.P.C. for release on pre-arrest bail is maintainable when the alleged offences are bailable in nature.
Parties & counsel
- petitioner
Mir Biky
Coram
S. PUJARI
Case details
As recorded by the court registry
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