Disposed¶23

Basaba Chandra Tanty v. State of Odisha

Orissa HC6 Feb 2024ABLAPL/780/2024

Case brief

AI extract

What is this about?

Anticipatory bail refused, Odisha High Court; ABLAPL 780/2024; Basaba Chandra Tanty v. State of Odisha; IPC Sections 457, 294, 323, 307, 34; axe assault on informant; counter case; liberty to surrender within two weeks; bail on conditions of court below (SDJM Sundargarh, G.R. Case 1142/2023); order operative only if injury simple; Justice Sashikanta Mishra; 06.02.2024.

What did the court decide?

Anticipatory bail refused; petitioner granted liberty to surrender before the court below within two weeks and apply for bail, to be released on bail on conditions fixed by the court below; the order operates only if the injury is simple in nature. ¶23

Basaba Chandra Tanty Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail ought to be granted to the petitioner who is apprehending arrest in connection with Sadar P.S. Case No. 301 of 2023 / G.R. Case No. 1142 of 2023 for offences under Sections 457/294/323/307/34 IPC.

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Ratio / Principle

Anticipatory bail was refused, the court being guided by the nature of the accusations and the materials on record.

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Key takeaways

The application was disposed of by granting the petitioner liberty to surrender before the court below within two weeks from receipt of the certified copy of the order and to move for bail.ratio¶22
If the petitioner so surrenders, he shall be released on bail on such terms and conditions as the court below may deem fit and proper to impose.ratio¶22
The order is operative only if the injury is found to be simple in nature.ratio

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, ABLAPL No. 780 of 2024 (Justice Sashikanta Mishra, 06.02.2024): Basaba Chandra Tanty, apprehending arrest in Sadar P.S. Case No. 301 of 2023 / G.R. Case No. 1142 of 2023 (SDJM, Sundargarh) for offences under Sections 457/294/323/307/34 IPC arising out of an alleged axe assault on the informant and an assault on the informant's father, with a counter case lodged against the informant at the petitioner's instance, sought anticipatory bail. Anticipatory bail was refused having regard to the nature of the accusations and the materials on record. Instead, the petitioner was given liberty to surrender before the trial court within two weeks and to apply for bail, upon which he would be released on bail on terms and conditions deemed fit by the court below. The order was made expressly operative only if the injury was found to be simple in nature.

Basaba Chandra Tanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Basaba Chandra Tanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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