Allowed

Keshab Nayak v. State of Odisha

Orissa HC2 Nov 2021ABLAPL/6613/2021

Case brief

AI extract

What is this about?

The petitioners filed an application for pre-arrest bail in a case involving IPC offences. The Court held that the nature of injuries was simple and investigation was completed. It directed that the petitioners be released on bail by the court-in-seisin if they surrender within six weeks. Non-surrender allowed issuance of non-bailable warrant.

What did the court decide?

Petitioners directed to be released on bail by the Court in seisin if they surrender within six weeks; otherwise, non-bailable warrant may be executed.

Keshab Nayak Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.6613 of 2021

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Keshab Nayak and others

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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: JUSTICE S. PUJAHARI

ORDER

Order No.

02.11.2021

This matter is taken up through hybrid mode.

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The Petitioners apprehending their arrest in Dhamnagar P.S. Case No.128 of 2021, corresponding to G.R. Case No.213 of 2021, pending in the Court of J.M.F.C., Dhamnagar, registered for alleged commission of offences punishable under Sections 341, 323, 294, 307, 506 read with Section 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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Learned counsel for the State submits that the dispute between the parties with regarding plucking of mangoes from the tree standing on a land over which there was scramble over possession between the parties and the injury sustained by the injured is simple in nature and also in the meanwhile, investigation in this case has been completed and charge sheet has been filed.

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Considering the facts and submissions made, especially the nature and character of allegations, circumstances in which the offences stated to have been committed and the fact that the injury sustained by the injured is simple in nature, as submitted by the learned counsel for the State, the factum of completion of investigation and there being no likelihood of the Petitioners absconding and/or tampering 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 within six weeks hence 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.

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However, if the Petitioners do not surrender within the time stipulated, 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, 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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Urgent certified copy of this order be granted on proper application.

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Keshab Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Keshab Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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