Disposed

Kalia Behera@Kalu Charan Behera v. State of Orissa

Orissa HC24 Sept 2016ABLAPL/12090/2016

Case brief

AI extract

What is this about?

Petitioner sought pre-arrest bail but intended to surrender. Court directed lower court to dispose of the bail application on the same day within four weeks if surrendered, expressly reserving opinion on merits and dismissing the petition.

What did the court decide?

Petitioner directed to surrender within four weeks and move for bail; lower court to dispose of bail application on same day.

Kalia Behera@Kalu Charan Behera Vs State of Orissa — Bail and Remand | Orissa HC (2016)

¶1

 ABLAPL No. 12090 of 2016
 04. 24.09.2016 Heard the learned counsel for the petitioner a
nd the learned counsel for the State.

¶2

 The petitioner in this case having been implicated in C.T. Case No.313
9 of 2016, arising out of Khandagiri P.S. Case No.345 of 2016, pending in court of learned SDJ
M, Bhubaneswar for alleged commission of offences punishable under Sections 294 of IPC & Secti
on 9 (B) (1) (b) of Indian Explosive Act, has filed this petition for his release on pre-arres
t bail.

¶3

 Learned counsel for the petitioner during the course of argument submi
ts that he does not want to press this petition for pre-arrest bail as the petitioner intends
to surrender and move for bail before the court below. However, he submits to direct the court
 below to dispose of the bail application of the petitioner on the same day.

¶4

 Considering the submission made, it is observed that if the petitioner
 surrenders in the aforesaid case before the court in seisin over the matter within four weeks
 hence and makes a motion for bail, the court concerned shall consider and dispose of the same
 in accordance with law on the same day, if there is no impediment.

¶5

It is made clear that this Court has expressed no opinion on the merit

¶6

 of the case.

¶7

The ABLAPL is, accordingly, disposed of.

¶8

Interim order dated 18.08.2016 passed in this case stands vacated. Urgent certified copy of this order be granted on proper application. A free copy of this order be handed over to the learned counsel for th e State forthwith.

¶9

 ..
 S.Pujahari, J.
 SKG

¶10

Kalia Behera@Kalu Charan Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

Kalia Behera@Kalu Charan Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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