The court dismissed a bail application filed by petitioners accused of using force to recover a truck and harvester from an informant to recover finance company dues. The court refused bail, stating it would imply approval of the financier's use of muscle power for repossession.
Prayer for pre-arrest bail of the Petitioners stands rejected.
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IN THE HIGH COURT OF ORISSA : CUTTACK
ABLAPL No.5911 of 2021
Chhabindra Sethi & another … Petitioners -Versus-
State of Orissa … Opp. Party
CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
ORDER
03. 16.09.2021
2
a seal of approval to the alleged act of the Financing Company taking repossession of the vehicle by use of force engaging some antisocial and muscle men in the name of recovery agent, this Court is not inclined to release the petitioners on pre-arrest bail.
stands rejected.
……………………..
PKS S.Pujahari, J.
3 issues framed by the court
Whether the petitioners are eligible for release on pre-arrest bail in a criminal case alleging use of force in recovery.
Whether granting pre-arrest bail would amount to approval of forceful repossession by the financing company.
Whether the nature and gravity of the offence preclude the grant of bail.
1 provisions across 1 enactments
Chhabindra Sethi
State of Orissa
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
