Allowed

Khaturam Agarwal v. State of Odisha

Orissa HC23 Apr 2021ABLAPL/2665/2020

Case brief

AI extract

What is this about?

In a pre-arrest bail petition against individuals accused of IPC 498-A, 34, and Section 4 of the Dowry Prohibition Act arising from marital discord, the single judge directed that if petitioners surrender within six weeks, the court in seisin shall release them on bail. Non-surrender allows police execution of non-bailable warrants.

What did the court decide?

Directed the court in seisin to release the petitioners on bail if they surrender within six weeks; otherwise, non-bailable warrants may be executed.

Khaturam Agarwal Vs State of Odisha — Matrimonial and Divorce | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.2665 of 2020

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Khaturam Agarwal 2. Santoshi Devi Agarwal 3. Gudu Agarwal … Petitioners

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Versus –

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State of Odisha … Opp. Party

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CORAM: HON’BLE SHRI JUSTICE S.PUJAHARI

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O R D E R

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23.04.2021 This matter is taken up by video conferencing mode.

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The petitioners apprehending their arrest in Bolangir P.S. Case No.74 of 2019, corresponding to G.R. Case No.149 of 2019, pending in the court of S.D.J.M., Bolangir, registered for alleged commission of offences punishable under Sections 498-A/307/34 of the I.P.C. and Section 4 of D.P.Act, have filed this petition for their release on pre-arrest bail.

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

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As it appears, the matter arises out of marital discord and though initially FIR was lodged for the aforesaid offences but subsequently, chargesheet has been filed against them under Sections 498-A/34 of the IPC and Section 4 of the D.P.Act. The Petitioners are the in-laws members of the informant. There is no material to show that they

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shall abscond and/or tamper with the prosecution evidence, if released on pre-arrest bail.

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Therefore, on consideration of the aforesaid facts and submissions made, especially the nature of accusation, character of incriminating materials appearing against the petitioners in support of the charge, factum of submission of charge-sheet and also the fact that no material being produced indicating the fact that the petitioners shall abscond and/or tamper with the prosecution evidence, if released on pre-arrest bail, this Court directs that if the Petitioners surrender before the Court in seisin over the matter 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 the petitioners shall cooperate with the trial.

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However, if the Petitioners do not surrender with promptitude, preferably within six weeks hence, 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,

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the court concerned shall consider their prayer on its own merit.

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The ABLAPL is, accordingly, disposed of being allowed.

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As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25^th March, 2020.

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S.Pujahari, J.

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RKS

Khaturam Agarwal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Khaturam Agarwal v. State of Odisha

Case brief

What is this about?

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