On an application for pre-arrest bail against anticipated arrest in an ICC case involving Section 498A and IPC offences, the Court directed the lower court to release the petitioners on bail if they surrender and make a motion, and allowed the petition.
Directed that petitioners be released on bail by the lower court upon surrender and motion for bail.
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ABLAPL No.2344 of 2021
Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehending their arrest in connection with ICC Case No.30 of 2020 pending in the court of the S.D.J.M., Udala registered for alleged commission of offence punishable under Sections 498A/294/506/34 IPC have filed this petition for their release on pre-arrest bail.
On consideration of the facts and submissions made, especially the nature and character of allegations, circumstances in which the petitioners have been indicated in the aforesaid case, this Court directs that if the petitioners surrender before the court in seisin over the matter and make a motion for bail, they shall be released on bail on such terms and conditions as it may deem just and proper.
The ABLAPL is, accordingly, disposed of being allowed.
Urgent certified copy of this order be granted on proper application.
PKS
2 issues framed by the court
Whether to grant relief for the release on pre-arrest bail to petitioners apprehending arrest in an ICC case.
Whether to direct the lower court to release the petitioners on bail upon surrender and making a motion.
Petitioners
State
PKS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
