The High Court declined to grant anticipatory bail to petitioners under Section 438 CrPC. Instead, it directed expedited bail hearings by the trial and Sessions Courts without parity.
Anticipatory bail denied; directions for expedited bail hearing by trial and Sessions Courts.
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ABLAPL NO.13545 OF 2015
6.11.2015
Heard learned counsel for petitioners and learned counsel for the State.
The petitioners have prayed to be released on anticipatory bail in connection with K
hantapada P.S. Case No.275/2015 corresponding to C.T. Case No.1735/2015 pending in the Court o
f learned S.D.J.M., Balasore for alleged commission of offences under Sections 147/ 148/ 450/
323/ 294/ 506/ 354/ 395/ 435/ 341/ 440/ 283/149, I.P.C. Perused the F.I.R.
Learned counsel for the petitioners submits that some co-accused persons of the peti
tioners have been released on bail by this Court.
Considering the facts and circumstances of the case and the submission made, I am no
t inclined to grant anticipatory bail to the petitioners. However, I direct that if the petiti
oners surrender before the learned S.D.J.M., Balasore and move for bail, learned S.D.J.M. shal
l dispose of the same in the first hour of the day.
Thereafter, in the event, the prayer of the petitioners for bail is rejected by the
trial court, they will be at liberty to move the bail application before the learned Sessions
Court, which shall do well to dispose of the same on the very day in the second hour mainta
ining parity. In such case, the trial court shall transmit the case records to the learned Ses
sions Court forthwith.
The ABLAPL is disposed of accordingly.
Issue urgent certified copy.
B.P.Ray, J.
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners.
Petitioners
State
B.P.Ray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court