Partly allowed

Chakradhar Patrihary v. State of Orissa

Orissa HC19 Dec 2016ABLAPL/12131/2016

Case brief

AI extract

What is this about?

Anticipatory bail denied due to nature of allegations under Section 302/34 IPC. Liberty granted to surrender within 21 days and file bail application. Higher forum direct disposals post-surrender. Case diary availability at petitioners expense noted.

What did the court decide?

Liberty to surrender within 21 days and file bail application; case diary to be made available to concerned court.

Chakradhar Patrihary Vs State of Orissa — Anticipatory Bail | Orissa HC (2016)

¶1

ABLAPL No.12131 of 2016

¶2

19.12.2016 Heard learned counsel for the petitioners and learned Additional Standing Counsel.
 The petitioners are apprehending arrest for the alleged commission of offence under Sec
tion 302/34 of the I.P.C. in G.R. Case No.1098 of 2015 of the court of J.M.F.C., Chandikhol, a
rising out of Kuakhia P.S. Case No.194 of 2015.

¶3

 Keeping in view the nature of allegations and the facts of the case, this Court is not
inclined to grant anticipatory bail to the petitioners. However, keeping in view the submissio
n made by the learned counsel for the petitioners, the petitioners are given liberty to surren
der before the learned J.M.F.C., Chandikhol in the aforesaid case in first hour within twenty-
one working days hence and file an application for bail. On such event, the learned Magistrate
 shall consider their application for bail in the first hour. In case of rejection 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 application of the petiti
oners on the same day by maintaining parity, if applicable.

¶4

 Case Diary be made available to the concerned court. Records be transmitted by the lear
ned J.M.F.C., Chandikhol to the higher forum at the cost of the petitioners, if applied for.
 The ABLAPL is accordingly disposed of.

¶5

 Urgent certified copy of this order be granted on proper application.

Chakradhar Patrihary v. State of Orissa

Case brief

What is this about?

What did the court decide?

Chakradhar Patrihary v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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