Disposed

Gandharba Behera v. State of Orissa

Orissa HC3 Aug 2015ABLAPL/9765/2015

Case brief

AI extract

What is this about?

The court disposed of an anticipatory bail application by granting liberty to the petitioner to surrender before the competent lower court within 21 days and move for bail, ensuring same-day consideration based on record materials only.

What did the court decide?

Applicant granted liberty to surrender before the learned JMFC within 21 days and move for bail, to be considered strictly on record materials in first hour.

Gandharba Behera Vs State of Orissa — Bail and Remand | Orissa HC (2015)

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ABLAPL No.9765 of 2015

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03.08.2015
Heard learned counsel for the petitioner and learned Addl. Government Advocate.
 The petitioner is apprehending arrest for the alleged commission of offence un
der Sections 498-A and 304-B/34 of the IPC read with Section 4 of the D.P. Act in G.R. Case
No.937/2014 of the court of learned JMFC, Nimapara, arising out of Nimapara P.S. Case No.244/2
014.

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 In course of hearing, the learned counsel for the petitioner wants to withdraw
 the anticipatory bail application with a liberty to surrender before the lower court and appl
y for bail so that his bail application shall be considered and disposed of by the court havin
g jurisdiction to do so.

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 In that view of the matter, the ABLAPL is disposed of granting liberty to the
petitioner to surrender in the aforesaid case before the learned JMFC, Nimapara in the first h
our within 21 days hence and move for bail. On such event, the learned Magistrate shall consid
er his application for bail in the first hour strictly on the basis of the materials on record
. In case of rejection of the bail application, the petitioner may move for bail before the hi
gher forum in the second hour. On such event, the higher forum shall consider and dispose of
the bail application of the petitioner on the same day strictly on the basis of the materials
on record. Case Diary be made available to the concerned court. Records be transmitted to the
higher forum at the cost of the petitioner, if applied for. While disposing of the bail applic
ation, the court below shall keep in mind the principles of parity.
 Urgent certified copy of this order be granted as per rules.

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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.

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Gandharba Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

Gandharba Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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