Allowed

Sudhir Kumar Padhi v. State of Odisha

Orissa HC15 Sept 2021ABLAPL/4894/2021

Case brief

AI extract

What is this about?

The High Court of Orissa granted release on pre-arrest bail to the petitioners in a case involving property dispute between father and son. The court found release would not hinder investigation as respondents are willing to cooperate.

What did the court decide?

Petitioners to be released on pre-arrest bail with conditions including cooperation with investigation and no indulgence in criminal activity.

Sudhir Kumar Padhi Vs State of Odisha — Anticipatory Bail | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.4894 of 2021

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Sudhir Kumar Padhi @ another ….

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Petitioners

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-versus-

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State of Odisha

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…. Opposite Party

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CORAM: THE JUSTICE S.PUJAHARI

Order No.

ORDER 15.09.2021

This matter is taken up through Hybrid mode.

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The Petitioners apprehending their arrest in Dhusuri P.S. Case No.76 of 2021 registered for alleged commission of offence punishable under Sections 467/468/471/419/420/34 IPC have filed this petition for their release on pre-arrest bail.

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

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The dispute is between the father and son with regard to the sale of the property.

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On consideration of the allegations made in the F.I.R. and also the submissions made, especially the nature and character of allegations, circumstances in which the offences stated to have been committed 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 release

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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 including the condition that the petitioners shall not indulge in any criminal activity.

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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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Urgent certified copy of the order be granted on proper application.

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(S. Pujahari) Judge

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PKS

Sudhir Kumar Padhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sudhir Kumar Padhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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