In an appeal under Section 14 of the SC/ST (PoA) Act regarding rejected bail, the High Court of Orissa granted bail to Appellants 2-6 subject to specific conditions while dismissing the appeal against Appellant 1.
Appellants No.2 to 6 granted bail on Rs. 50,000 each with two sureties; impugned order dated 29.09.2021 set aside; appeal allowed without cost.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.76 of 2022
Biki @ Biswajit Behera and others …. Appellants Mr.G.K.Mohanty,Advocate
-versus-
State of Odisha and another
…. Respondents Mr.P.C.Das, A.S.C. Mr.S.K.Das,Advocate for R-2.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No.
17.05.2022
// 2 //
Sections 147,148,323,324,325,307,294,506/149 of the Indian Penal Code read with Sections 25 & 27 of the Arms Act & Section 3(1)(r) Section 3(2)(v) and Section 3(2)(va) of Schedule Casts and Schedule Tribe (Prevention of Atrocities) Act.
// 3 //
their absconding or fleeing away from receiving justice and they undertake to appear before the learned trial court on each date of posting
// 4 //
Kamakhyanagar n C.T.(Spl.) 29 of 2021 is hereby set aside.
cost.
RKS
( A.K. Mohapatra ) Judge
2 issues framed by the court
Whether the appellants are eligible for bail in an appeal against the rejection of a bail application under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Whether bail conditions can be imposed on appellants allegedly involved in a murder attempt and violence under the Arms Act and IPC.
1 provisions across 1 enactments
Biki @ Biswajit Behera and others
State of Odisha
A.K. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
