Susanta Harpal v. State of Orissa

ABLAPL No. 11050 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 offence under Secti
on 47(a) of the Bihar and Orissa Excise Act in C.T. Case No.636 of 2014 of the court of S.D.J.
M., Bhawanipatna, arising out of Biswanathpur P.S. Case No. 43 of 2014.

 Since the offence allegedly committed by the petitioner involves possession of 5 litres
 of I.D. liquor, this Court is not inclined to grant anticipatory bail to the petitioner. Acco
rdingly, the application for anticipatory bail is rejected. However, considering the submissio
n made by the learned counsel for the petitioner, the petitioner is given liberty to surrender
 before the learned S.D.J.M., Bhawanipatna 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
., Bhawanipatna shall consider his application for bail in the first hour. In case of rejectio
n of the bail application, the petitioner may move for bail before the higher forum in the sec
ond hour. On such event, the higher forum shall consider and dispose of the bail application o
f 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., Bhawanipatna 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.
 Urgent certified copy of this order be granted on proper application.

J.