Disposed

Madhab Bhol v. State of Orissa

Orissa HC4 Sept 2015ABLAPL/3136/2015

Case brief

AI extract

What is this about?

This Court declined to grant anticipatory bail. Instead, it granted liberty to surrender within 21 days and move for bail before the SDJM with instructions to prioritize the application and allow an immediate appeal against rejection. An interim direction was also issued regarding a miscellaneous case concerning the petitioner's engagement after attaining the age of 60.

What did the court decide?

Liberty to surrender within 21 days and move for bail before SDJM; immediate disposal of bail application and appeal thereon if rejections occurs.

Madhab Bhol Vs State of Orissa — Anticipatory Bail | Orissa HC (2015)

¶1

ABLAPL No.3136 of 2015
04.09.2015 Heard learned counsel for the petitioner and learned Addl. Standing Co
unsel.

¶2

 The petitioners are apprehending arrest for the alleged commission of offence
under Sections 147, 148, 323, 324, 307, 302 and 149 of the IPC read with Sections 25 and 27 of
 the Arms Act in G.R. Case No.225/2015 of the court of learned SDJM, Puri, arising out of Kana
s P.S. Case No.10/2015.

¶3

 Considering the facts of the case, this Court is not inclined to grant anticip
atory bail to the petitioner.

¶4

 However, keeping in view the submissions made, the petitioners are given liber
ty to surrender in the aforesaid case before the learned SDJM, Puri in the first hour within 2
1 days hence and move for bail. On such event, the learned Magistrate shall consider their app
lication for bail in the first hour strictly on the basis of materials on record. In case of r
ejection of the bail application, the petitioners 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 appl
ication of the petitioners on the same day strictly on the basis of materials on record. Case
Diary be made available to the concerned court. Records be transmitted to the higher forum at
the cost of the petitioners, if applied for. This Court has not expressed any opinion on the m
erits of the case so far as any future application under Section 439 Cr.P.C. is concerned.

¶5

 The ABLAPL is disposed of.

¶6

 Urgent certified copy of this order be granted as per rules.

¶7

Intheinterim,Misc.CaseitNo.8721isdirectedof2011thatthepetitioner no.2 shall not be disengage
d only on the basis of attaining the age of 60 till the next date.
 Urgent certified copy of this order be granted as per rules.

¶8

Madhab Bhol v. State of Orissa

Case brief

What is this about?

What did the court decide?

Madhab Bhol v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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