Dismissed

Duryodhan@Hadu Meher v. State of Orissa

Orissa HC8 Dec 2016ABLAPL/14188/2016

Case brief

AI extract

What is this about?

A petition seeking anticipatory bail was disposed of as withdrawn on liberty to surrender. The High Court granted liberty to surrender before the trial court within 21 days with liberty to apply for bail in the first hour, followed by an immediate appeal if rejected.

What did the court decide?

Liberty to surrender before the learned J.M.F.C., Kantabanji within 21 days and move for bail in the first hour; liberty to approach higher forum for bail on the same day if rejected.

Duryodhan@Hadu Meher Vs State of Orissa — Anticipatory Bail | Orissa HC (2016)

¶1

ABLAPL No.14188 of 2016
08.12.2016 Heard learned counsel for the petitioners and learned Additional Standing
Counsel.

¶2

 The petitioners are apprehending arrest for the alleged commission of offences
 under Sections 292, 121, 505, 506 and 120-B of the IPC read with Section 7(2) of the Criminal
 Law (Amendment) Act in G.R. Case No.98 of 2013 of the court of learned J.M.F.C., Kantabanji,
arising out of Turekela P.S. Case No.31 of 2013.
 In course of hearing, the learned counsel for the petitioners wants to withdra
w the anticipatory bail application with a liberty to surrender before the lower court and app
ly for bail so that their bail application shall be considered and disposed of by the court ha
ving jurisdiction to do so.

¶3

 In that view of the matter, the ABLAPL is disposed of as withdrawn.

¶4

 However, the petitioners are given liberty to surrender before the learned J.M
.F.C., Kantabanji in the aforesaid case in the first hour within 21 working days hence and mov
e for bail. On such event, the learned Magistrate shall consider their 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 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 pe
titioners on the same day strictly on the basis of the materials on record. While disposing of
 the bail application, the courts below shall keep in mind the principles of parity, if applic
able.

¶5

 Case Diary be made available to the concerned courts. Records be transmitted t
o the higher forum at the cost of the petitioners, if applied for.

¶6

 The ABLAPL is disposed of accordingly.

¶7

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

¶8

PCD

¶9

 S.K. Mishra, J.

¶10

Duryodhan@Hadu Meher v. State of Orissa

Case brief

What is this about?

What did the court decide?

Duryodhan@Hadu Meher 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

Coram

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