Allowed

Sahadev Jena v. State of Odisha

Orissa HC11 Aug 2021ABLAPL/9861/2021

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a petition for pre-arrest bail. Finding that release would not hinder fair investigation and noting willingness to cooperate, the court directed police to release arrested petitioners on bail subject to conditions of cooperation and no registration of graver offences.

What did the court decide?

Petitioners to be released on bail by arresting officer on such terms as deemed just and proper, subject to cooperation and no new graver offences.

Sahadev Jena Vs State of Odisha — Orissa HC (2021) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.9861 of 2021

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Sahadev Jena & 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 No.

ORDER 11.08.2021

This matter is taken up through Hybrid mode.

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The Petitioners apprehending their arrest in Korei P.S. Case No.217 of 2021 registered for alleged commission of offences punishable under Sections 341, 294, 373, 506/34 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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4. Perused the F.I.R. allegations.

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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

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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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MRS

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Sahadev Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sahadev Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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