Court allowed withdrawal of anticipatory bail application with liberty to surrender within 21 days before the concerned court and file bail application. Case remanded to higher forum for final disposal.
Application disposed as withdrawn with liberty to surrender within 21 days and file bail application in lower court, with fallback to higher court.
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ABLAPL NO.2336 OF 2015
04.9.2015.1. Heard learned counsel for the petitioner and learned Addl. Government Advocate for the Stat e.2. The petitioner is apprehending arrest for the alleged commission of offences under Sections
493/417/294/506 of the I.P.C. in G.R. Case No.100/2015 of the court of learned S.D.J.M., Khur
da arising out of Begunia P.S. Case No.7/2015.
3. Learned counsel for the petitioner in course of hearing prays that he may be allowed to wit
hdraw the ABLAPL with liberty to surrender before learned S.D.J.M., Khurda in the aforesaid c
ase within a stipulated time, so that his application can be considered by a court competent t
o entertain such application.
4. Accordingly, the ABLAPL is disposed of as withdrawn giving liberty to the petitioner to sur
render in the aforesaid case before the learned S.D.J.M., Khurda in the 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., Khurda shall consider his application for bail in the first hour. In case of reject
ion of the bail application, the petitioner may move for bail before the higher forum in the s
econd hour. On such event, the higher forum shall consider and dispose of the bail application
of the petitioner on the same day.
5. Records be transmitted to the higher forum at the cost of the petitioner, if applied for.
6. It is made clear that this Court has not expressed any opinion on the merits of any future
application that may be filed before the higher forum by the petitioner under Section 439 of t
he Cr.P.C.
7. The ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
S.K.Mishra, J
1 issue framed by the court
Whether to allow withdrawal of an anticipatory bail application with liberty to surrender and file fresh bail application.
The Petitioner
The State
S.K.Mishra
As recorded by the court registry
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