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Kedar@Himansu Sekhar Mohanty v. State of Orissa

Orissa HC1 Sept 2015ABLAPL/10759/2015

Case brief

AI extract

What is this about?

In an application for anticipatory bail regarding an apprehended arrest under Section 379 IPC, the Court granted conditional bail requiring the petitioner to surrender to the trial court within 21 days to apply for bail.

What did the court decide?

Granted conditional bail upon surrender to the trial court within 21 days for consideration regarding bail after regular bail application.

Kedar@Himansu Sekhar Mohanty Vs State of Orissa — Bail and Remand | Orissa HC (2015)

¶1

 ABLAPL No.10759 of 2015
01.09.2015 Heard learned counsel for the petitioner and learned Additional Standi

¶2

ng Counsel for the State.

¶3

 The petitioner is apprehending arrest for the alleged commission of offence un
der Section 379/34 of the IPC in G.R. Case No.1581 of 1998 of the court of learned S.D.J.M.(S)
, Cuttack, arising out of Dargha Bazar P.S. Case No.84 of 1998.

¶4

 The case relates to 1998. The maximum sentence prescribed for the offence is p
unishable with imprisonment for three years. However, the learned Addl. Standing Counsel submi
ts that the processes under Sections 82 & 83 of Cr.P.C might have been issued against the pres
ent petitioner.

¶5

 Keeping in view the aforesaid submission, this Court is inclined to grant con
ditional bail to the petitioner. Let the petitioner surrender before the learned S.D.J.M.(S),
Cuttack in the aforesaid case within 21 days and pray for bail. On such event, the learned Mag
istrate shall consider and dispose of the bail application on the same day. If no processes un
der Sections 82 & 83 have been issued against the petitioner, then he shall be admitted to bai
l by the learned S.D.J.M.(S), Cuttack on such terms and conditions as deemed just and proper.
In case, processes under Section 82 & 83 have been issued against the petitioner, then the app
lication for bail shall be rejected by the learned Magistrate.

¶6

 With such observation, the ABLAPL is disposed of.
 Urgent certified copy of this order be granted as per rules.

¶7

Kedar@Himansu Sekhar Mohanty v. State of Orissa

Case brief

What is this about?

What did the court decide?

Kedar@Himansu Sekhar Mohanty v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Case details

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