Allowed

Sayed Zakir Ali v. State of Odisha

Orissa HC19 Apr 2021ABLAPL/4491/2021

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a petition for pre-arrest bail. The court held that given the nature of the accusation, the marital discord context, and the cooperation of the petitioners, bail would not hinder investigation or cause absconding.

What did the court decide?

Directed that in event of arrest, petitioners be released on bail by the arresting officer on just and proper conditions.

Sayed Zakir Ali Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA : CUTTACK

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ABLAPL No.4491 of 2021

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Sayed Zakir Ali 2. Sayed Danish Ali … Petitioners -VersusThe State of Orissa … 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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19.04.2021

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This matter is taken up by video conferencing mode.

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The Petitioners apprehending their arrest in Lalbag P.S. Case No.88 of 2021, corresponding to G.R. Case No.380 of 2021, pending in the court of S.D.J.M., Cuttack registered for alleged commission of offences punishable under Sections 498-A, 454, 294, 506, 380 and 323/34 of the I.P.C., 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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Perused the F.I.R. allegations.

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It appears that the matter arises out of marital discord.

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Regard being had to the facts and submissions made, especially the nature of accusation, circumstances in which the offences stated to have been committed and the fact that the matter arises out of marital discord and also it being not disputed that the Petitioners’ release on pre-arrest bail shall not be an hindrance to a free and fair investigation, this Court is of the view that the Petitioners have made out a case for their

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release on pre-arrest bail, more particularly when they are ready and willing to cooperate with the investigation and they have no chance of absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail.

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Hence, this Court directs that in the event of arrest of the Petitioners in connection with the aforesaid case, they be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper.

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However, the aforesaid order is subject to the condition that the Petitioners shall cooperate with the investigation and no other graver offence is reported against the Petitioners besides the aforesaid offences.

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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 25th March, 2020.

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…………………….. S.Pujahari, J.

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Sayed Zakir Ali v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sayed Zakir Ali v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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