Disposed¶16

Tofan Jena v. State of Odisha

Orissa HC7 Feb 2024ABLAPL/864/2024

Case brief

AI extract

What is this about?

What did the court decide?

No anticipatory bail; instead, liberty granted to surrender before the court below within two weeks from receipt of the certified copy and to move for bail, with direction that on surrender the petitioners be released on bail on such terms and conditions as the learned court below deems fit and proper to impose. ¶16

Tofan Jena Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶16

Issue for consideration

Whether, having regard to the nature of the accusations and the materials on record, anticipatory bail should be granted to the petitioners apprehending arrest in Nirakarpur P.S. Case No. 338 of 2023 / G.R. Case No. 873 of 2023 (JMFC, Tangi).

¶14

Court's answer

Anticipatory bail was not granted to the petitioners, having regard to the nature of the accusations and the materials on record.

¶14

Ratio / Principle

Instead of anticipatory bail, the ABLAPL was disposed of with liberty to the petitioners to surrender before the court below (learned JMFC, Tangi) within two weeks from receipt of the certified copy of the order and to move for bail.

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Key takeaways

Upon such surrender and application for bail, the petitioners shall be released on bail on such terms and conditions as the court below may deem fit and proper to impose.ratio¶16

Detailed headnote1 paragraphs

Anticipatory bail refused; surrender-and-bail alternative ordered. Petitioners Tofan Jena and another (stated respectively to be the Manager and the owner of the vehicle involved), apprehending arrest in Nirakarpur P.S. Case No. 338 of 2023 corresponding to G.R. Case No. 873 of 2023 pending before the learned JMFC, Tangi, for alleged offence under Sections 447/379/34 of IPC connected with illegal transportation of laterite stones, sought anticipatory bail. Not inclined to grant it having regard to the nature of the accusations and the materials on record, Justice Sashikanta Mishra disposed of ABLAPL No. 864 of 2024 with liberty to surrender before the court below within two weeks of receiving the certified copy and to apply for bail, directing that on surrender the petitioners be released on bail on such terms and conditions as the court below deems fit and proper to impose (High Court of Orissa at Cuttack, order dated 07.02.2024).

Tofan Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Tofan Jena 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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