Petitioner apprehending arrest under Sections 376(2)(l) IPC and Section 4 POCSO Act. Court declined anticipatory bail but granted liberty to surrender within 21 days and move for bail on same day as filing.
Liberty granted to surrender within 21 working days and move for bail for disposal on the same day.
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ABLAPL No.13653 of 2015
06.01.2016 Heard learned counsel for the petitioner and learned Addl. Standing Co
unsel.
The petitioner is apprehending arrest for the alleged commission of offence un
der Sections 376(2)(l) and 506 of the IPC read with Section 4 of the POCSO Act in Special Case
No.202/2015 of the court of learned Special Judge-cum-Sessions Judge, Balasore, arising out
of Remuna P.S. Case No.111/2015.
Considering the facts of the case, this Court is not inclined to grant anticip
atory bail to the petitioner.
However, keeping in view the submissions made, the petitioner is given liberty
to surrender in the aforesaid case before the learned Special Judge-cum-Sessions Judge, Balas
ore within 21 working days hence and move for bail. On such event, the learned Special Judge s
hall consider his application and dispose of the same on the same day.
The ABLAPL is disposed of.
Urgent certified copy of this order be granted as per rules.
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.
2
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest under IPC 376(2)(l) and POCSO Act?
Whether liberty is to be granted to the petitioner to surrender and move for bail within 21 days?
2 provisions across 2 enactments
The Petitioner
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court