Allowed

Sk. Rasid v. State of Odisha

Orissa HC23 Mar 2023BLAPL/444/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail petition filed by two accused drivers aggrieved by the rejection of bail by an Additional Sessions Judge, directing their release on bail with family surety. The court noted Section 307 IPC charges were not attributable to them.

What did the court decide?

Order directed petitioners to be released on bail with one immediate family member executing a Police Bond as additional surety.

Sk. Rasid Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 444 of 2023

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Sk. Rasid & Another

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…. Petitioners

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Mr. S.K. Das, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. A. Pradhan, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

23.03.2023

Order No.

03.

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

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The petitioners are accused in G.R. Case No.2302 of 2022, pending in the Court of learned S.D.J.M., Keonjhar, arising out of Keonjhar Town P.S. Case No.498 of 2022, for commission of alleged offences under Sections 307/429/120-B/34 of IPC read with Section 25/27 of Arms Act, Section 11 of the Prevention of Cruelty to Animals Act and Section 192 of Motor Vehicles Act.

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Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Keonjhar by order dated 03.01.2023 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the petitioners are in custody since 07.12.2022 on the allegation of illegally transporting cattle in two container trucks. The petitioners are stated to be the drivers of the two trucks.

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Page 1 of 2

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It is stated that charge sheet has already been filed on 03.02.2023. Hence, the petitioners may be released on bail.

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So far as the allegation against the petitioners under Section 307 of IPC is concerned, it is submitted by the learned counsel for the petitioners that the same is not attributable to the petitioners and such submission is not refuted by the learned counsel for the State.

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Taking into account the period in custody, nature of allegations and the punishment prescribed, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

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Additionally, it is directed that in addition to the sureties so fixed, one surety shall be immediate member of the family, who shall execute a P.R. bond.

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Accordingly, the BLAPL stands disposed of. 10. Urgent certified copy of this order be granted as per the rules.

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(V. NARASINGH) Judge

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Ayesha

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Sk. Rasid v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk. Rasid v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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