Dismissed
Suresh Rout v. State of Orissa
Orissa HCABLAPL/1447/2016
Case brief
from the order text
What is this about?
No.1447 of 2016 18.03.2016 Heard learned…
What the court decided
AI extract
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ABLAPL No.1447 of 2016
18.03.2016 Heard learned counsel for the petitioner and learned Additional Government
Advocate.
The petitioner is apprehending arrest for the alleged commission of offence un
der Sections 460, 380, 436 and 307/34 of the IPC in G.R. Case No.2712 of 2008 of the court of
learned S.D.J.M., Bhubaneswar, arising out of Mancheswar P.S. Case No.150 of 2005.
In course of hearing, the learned counsel for the petitioner wants to withdraw
the anticipatory bail application with a liberty to surrender before the lower court and appl
y for bail so that his bail application shall be considered and disposed of by the court havin
g jurisdiction to do so.
In that view of the matter, the anticipatory bail application is disposed of a
s withdrawn. However, the petitioner is given liberty to surrender before the learned S.D.J.M.
, Bhubaneswar in the aforesaid case in the first hour within twenty-one working days hence and
move for bail. On such event, the learned Magistrate shall consider his application for bail
in the first hour strictly on the basis of the materials on record. In case of rejection of th
e bail application, the petitioner may move for bail before the higher forum on the second hou
r. On such event, the higher forum shall consider and dispose of the bail application of the p
etitioner on the same day strictly on the basis of the materials on record by maintaining pari
ty, if applicable.
Case Diary be made available to the concerned courts. Records be transmitted b
y the learned S.D.J.M., Bhubaneswar to the higher forum at the cost of the petitioner, if appl
ied for.
The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.2
2 issues framed by the court
Whether to allow the withdrawal of anticipatory bail application and grant liberty to surrender and regular bail.
Mode of consideration of subsequent bail applications by lower and higher forums.
Petitioner
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court