Application for anticipatory bail dismissed; petitioner directed to surrender and seek regular bail in the trial court.
Dismissal of anticipatory bail application; direction to surrender and seek regular bail.
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ABLAPL No. 14685 of 2015
02. 06.10.2015 Heard learned counsel for the petition
er and learned Additional Standing Counsel for the State.
This is an application under Section 438 Cr.P.C. for anticipatory bail.
The petitioner is implicated in the offence punishable under Section 302 I.P.C
and other allied offences.
In view of the nature of offence, I am not inclined to exercise my discretion
under Section 438 Cr.P.C. in favour of the petitioner.
Learned counsel for the petitioner submits that in the meantime, other co-accu
sed persons similarly circumstanced with the petitioner have already been released on bail.
Taking into consideration such submission, the bail application is disposed of
with the observation that, if the petitioner so advised, may surrender before the learned S.D
.J.M., Chatrapur in G.R. Case No. 304 of 2010(A) arising out of Chatrapur P.S. Case No. 71 of
2010 within four weeks from today. In the event of his surrender and motion for bail, his appl
ication for bail shall be disposed of on merit in accordance with law in the first hour. In th
e event of rejection of prayer for bail, the petitioner is at liberty to move the higher forum
in the second hour on the same day. If such application is filed in the higher forum on the s
ame day, the same shall be disposed on the same day. The Case Diary be made available to the c
ourts concerned, to facilitate disposal of the bail application.
The ground of parity, if canvassed, shall be taken into consideration by the c
ourts concerned.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted as per rules.
C.R. Dash, J.
Balaram
1 issue framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be granted where the petitioner is implicated in offences punishable under Section 302 IPC.
1 provisions across 1 enactments
Balaram
The State
C.R. Dash
As recorded by the court registry
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