The High Court refused anticipatory bail to a petitioner facing serious offences but directed surrender within 30 days to a competent judicial officer. The Court also ordered the transfer of records to the authorized court.
Anticipatory bail refused; surrender directed within 30 days; records transferred to Sessions Judge-cum-Special Judge at Bhawanipatna.
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ABLAPL NO.9299 OF 2015
07.8.2015. Heard learned counsel for the petitioner and learned Addl. Government Advocate for t
he State.
2. The petitioner is apprehending arrest for the alleged commission of offences under Sec
tions 363/376 of the I.P.C. read with Section 4 of the POCSO Act in C.T. Case No.173/2015 of t
he court of learned J.M.F.C., M.Rampur arising out of M.Rampur P.S. Case No.84/2015.
3. Keeping in view the nature of the allegations made against the petitioner, this Court is
not inclined to grant anticipatory bail to the petitioner.
4. However, keeping in view the facts of the case, it is directed that if the petitioner s
urrenders before the learned Sessions Judge-cum- Special Judge, Kalahandi at Bhawanipatna, wi
thin a period of thirty days, in the aforesaid case and files an application for bail, the lea
rned Sessions Judge-cum- Special Judge, Bhawanipatna shall consider and dispose of the bail a
pplication of the petitioner on the same day.
5. Further, since the case is pending before the learned J.M.F.C., M.Rampur, who is not c
ompetent to take cognizance of the offence or try the case, he should submit the records to th
e court of learned Sessions Judge-cum- Special Judge, Kalahandi at Bhawanipatna. The petitione
r shall make a prayer before the learned J.M.F.C., M.Rampur in C.T. Case No.173/2015 suffici
ently ahead of the date of surrender.
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
the Cr.P.C.
The ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
S.K.Mishra, J
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner facing charges under Sections 363 and 376 IPC and the POCSO Act.
Whether and for the procedure for the petitioner to seek bail in the lower court.
1 provisions across 1 enactments
Petitioner
State
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court