Partly allowed

Sarbeswar Jena v. State of Orissa

Orissa HC17 Nov 2016ABLAPL/14441/2016

Case brief

AI extract

What is this about?

The Court denied anticipatory bail but granted liberty to the petitioners to surrender within 21 days to the lower court for bail consideration. The higher court assured expedited bail hearing in the second hour upon rejection at the lower forum, keeping future opinions on Section 439 Cr.P.C. reserved.

What did the court decide?

Petitioners granted liberty to surrender in the G.R. Case before the lower court within 21 working days to move for bail, with an assured second-hour hearing at the higher forum if rejected below.

Sarbeswar Jena Vs State of Orissa — Anticipatory Bail | Orissa HC (2016)

¶1

ABLAPL No.14441 of 2016
17.11.2016 Heard learned counsel for the petitioners and learned Addl. Standing C
ounsel.

¶2

 The petitioners are apprehending arrest for the alleged commission of offence
under Sections 341, 323, 294, 506/34 of the IPC read with Section 9-B of the Indian Explosives
 Act in G.R. Case No.1659/2013 of the court of learned Nayadhikari Gram Nayalaya, Tangi, arisi
ng out of Nirakarpur P.S. Case No.158/2013.
 Considering the facts of the case, this Court is not inclined to grant anticip

¶3

atory bail to the petitioners.

¶4

 However, keeping in view the submissions made, the petitioners are given liber
ty to surrender in the aforesaid case before the learned Nayadhikari Gram Nayalaya, Tangi in t
he first hour within 21 working days hence and move for bail. On such event, the learned Magis
trate shall consider their application for bail in the first hour strictly on the basis of mat
erials on record. In case of rejection of the bail application, the petitioners may move for b
ail before the higher forum in the second hour. On such event, the higher forum shall conside
r and dispose of the bail application of the petitioners on the same day strictly on the basis
 of materials on record. Case Diary be made available to the concerned court. Records be trans
mitted to the higher forum at the cost of the petitioners, if applied for. It is made clear th
at this Court has not expressed any opinion on the merits of the case on any future applicatio
n under Section 439 Cr.P.C. that may be filed before the higher form.
 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

Sarbeswar Jena v. State of Orissa

Case brief

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Sarbeswar Jena v. State of Orissa

Case brief

What is this about?

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