Application for anticipatory bail was rejected as the court was not inclined to grant relief. Liberty was granted to surrender and apply for regular bail before S.D.J.M., Kara njia.
Liberty to surrender within twenty-one days and apply for bail before S.D.J.M., Karanjia considering application in first hour.
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ABLAPL No. 11049 of 2015
03.09.2015 Heard learned counsel for the petitioner and learned Addl. Government Advocate.
The petitioner is apprehending arrest for the alleged commission of offences under Sect
ions 451, 354 and 506 of the I.P.C. in G.R. Case No.105 of 2005 of the court of S.D.J.M., Kara
njia, arising out of Karanjia P.S. Case No. 41 of 2005.
Keeping in view the submission made by the learned counsel for the petitioner, I am not
inclined to grant anticipatory bail to the petitioner. Accordingly, the application for antic
ipatory bail is rejected. However, the petitioner is given liberty to surrender before the lea
rned S.D.J.M., Karanjia in the aforesaid case in first hour within a period of twenty-one days
hence and file an application for bail. On such event, the learned S.D.J.M., Karanjia shall c
onsider his application for bail in the first hour. In case of rejection of the bail applicati
on, the petitioner may move for bail before the higher forum in the second hour. On such event
, the higher forum shall consider and dispose of the bail application of the petitioner on the
same day.
Case Diary be made available to the concerned court. Records be transmitted by the lear
ned S.D.J.M., Karanjia to the higher forum at the cost of the petitioner, if applied for.
It is made clear that this Court has not expressed any opinion on the merits of the cas
e as far as any future application under Section 439, Cr.P.C. is concerned.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
2 provisions across 2 enactments
Petitioner
State represented by Addl. Government Advocate
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court