Allowed

Sk. Jalal v. State of Odisha

Orissa HC17 Sept 2021ABLAPL/9026/2021

Case brief

AI extract

What is this about?

Petitioners were apprehending arrest in a case for cruelty to animals and theft. The court held they made a case for pre-arrest bail, directing their release on arrest upon cooperation with investigation and absence of further graver offences.

What did the court decide?

Petitioners to be released on bail by the arresting officer on terms of cooperating with investigation and no other graver offence reported against them.

Sk. Jalal 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.9026 of 2021

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Sk. Jalal and 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: JUSTICE S. PUJAHARI

ORDER

Order No.

17.09.2021

This matter is taken up through hybrid mode.

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The Petitioners apprehending their arrest in Panikoili P.S. Case No.202 of 2021 registered for alleged commission of offences punishable under Sections 379 and 429 of the I.P.C. read with Section 11(1)(d) of the Prevention of Cruelty to Animals Act, have filed this petition for their release on prearrest bail.

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

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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 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

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the view that the Petitioners have made out a case for their 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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Urgent certified copy of this order be granted on proper application.

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(S. Pujahari) Judge

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Sk. Jalal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk. Jalal 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

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