Partly allowed

Purna Chandra Naik@Punia v. State of Orissa

Orissa HC4 Nov 2016ABLAPL/12225/2016

Case brief

AI extract

What is this about?

The court rejected the grant of anticipatory bail to the petitioner facing charges under Section 394 IPC but granted liberty to surrender within 21 working days. Minute specific procedural directions were issued to the lower courts for expeditious disposal upon surrender and interim directions were passed regarding another miscellaneous case.

What did the court decide?

Liberty granted to surrender within 21 working days and move for bail; given liberty to move for further bail in the higher forum if rejected in the first hearing of the lower forum.

Purna Chandra Naik@Punia Vs State of Orissa — Anticipatory Bail | Orissa HC (2016)

¶1

ABLAPL No.12225 of 2016
04.11.2016 Heard learned counsel for the petitioner and learned Addl. Standing Co
unsel.

¶2

 The petitioner is apprehending arrest for the alleged commission of offence un
der Section 394 of the IPC in G.R. Case No. 924/2015 of the court of learned SDJM, Dhenkanal,
arising out of Dhenkanal Sadar P.S. Case No.321(25)/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 petitioner is given liberty
 to surrender in the aforesaid case before the learned SDJM, Dhenkanal in the first hour withi
n 21 working days hence and move for bail. On such event, the learned Magistrate shall conside
r his application for bail in the first hour strictly on the basis of materials on record. In
case of rejection of the bail application, the petitioner may move for bail before the higher
forum in the second hour. On such event, the higher forum shall consider and dispose of the b
ail application of the petitioner 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 fo
rum at the cost of the petitioner, if applied for. The courts below shall keep in mind the pri
nciples of parity, if applicable, while disposing of the bail application.
 The ABLAPL is disposed of.

¶5

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

¶6

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.

¶7

Purna Chandra Naik@Punia v. State of Orissa

Case brief

What is this about?

What did the court decide?

Purna Chandra Naik@Punia v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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