The High Court granted pre-arrest bail to petitioners facing charges under Section 363 IPC, noting lack of victim complaint, advanced investigation, and no risk of absconding or evidence tampering.
Petitioners to be released on bail by the officer effecting arrest if arrested, on just terms including cooperation with investigation.
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.1940 of 2020
Kanhu Charan Malik and others
Petitioners
-versus-
State of Odisha
…. Opposite Party
CORAM: JUSTICE S. PUJAHARI
ORDER
Order No.
13.09.2021
Page 1 of 2
// 2 //
(S. Pujahari) Judge
DA
Page 2 of 2
2 issues framed by the court
Whether petitioners are entitled to release on pre-arrest bail pending investigation in a Section 363 IPC offense.
Whether the circumstances ensure that bail will not hinder the free and fair investigation or cause absconding.
Kanhu Charan Malik and others
State of Odisha
S. PUJAHARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
