ORISSA AT CUTTACK ABLAPL No. 57 of 2023 · Orissa High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 ss. 143, 147, 149, 186, 294, 353, 354, 427, 447, 506
- Prevention of Damage to Public Property Act, 1984 s. 3
Key paragraphs
- Para 66. The ABLAPL is disposed of accordingly. Judge (Chittaranjan Dash) AKPradhan
Judgment
Mr. Julu Khansama, Advocate State of Odisha -versus- …. Opp. Party Mr. S. Patra, ASC CORAM: JUSTICE CHITTARANJAN DASH Order No. ORDER 09.01.2023
Heard learned counsel for the Petitioner and the State.
This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s.143/147/149/447/427/294/506/186/353/354 of IPC read with Section 3 of Prevention of Damage to Public Property Act, 1984.
Learned counsel for the Petitioner submits that the Petitioner have absolutely no role in the alleged crime but due to some misunderstanding, the Informant lodged a false case against the Petitioner.
Keeping in view the submission, nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant the anticipatory bail, it is directed that in the event the Petitioner surrenders and moves for bail in connection with Burla P.S. Case No.660 of 2022 corresponding to G.R. Case // 2 // No.116 of 2022 pending in the court of learned JMFC-1, (C.T.), Sambalpur within a period of three weeks hence and he shall be released on such terms and conditions as would be deemed just and proper by the said court, but subject to verification of the injury report and criminal antecedent of the Petitioner.
If the injuries are found to be grievous in nature and there appears more than one criminal antecedent standing to the credit of the Petitioner, this bail order shall not be given effect to. However, if the learned court allows the Petitioner to go on bail, then the following further conditions shall be imposed:- (i) The Petitioner shall appear before the I.O. and shall cooperate with the investigation as and when required; (ii) he shall also appear before the trial court on each date of trial, without fail, till conclusion of the trial; (iii) he shall not threaten, intimidate or terrorize the Informant; (iv) he shall not tamper with the prosecution evidence in any manner whatsoever and (v) he shall not indulge in any other crime of similar nature to the present case, in any manner whatsoever, while on bail. Violation of any of the conditions shall entail cancellation of bail.
The ABLAPL is disposed of accordingly. Judge (Chittaranjan Dash) AKPradhan
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.