The High Court declined grant of anticipatory bail in a case involving Sections 498-A IPC and Dowry Prohibition Act but granted liberty to surrender within 21 working days and file a bail application.
Liberty to surrender within twenty-one working days and file application for bail; higher forum to consider bail in same day if granted to surrender.
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ABLAPL No.14493 of 2016
22.11.2016 Heard learned counsel for the petitioner and learned Additional Standing C
ounsel.
The petitioner is apprehending arrest for the alleged commission of offence un
der Sections 498-A, 323, 294, 307 and 506 of the IPC read with Section 4 of the Dowry Prohibit
ion Act in G.R. Case No.1431 of 2016 of the court of learned S.D.J.M., Kendrapara, arising out
of Marsaghai P.S. Case No.278 of 2016.
Keeping in view the nature of allegations and the facts of the case, this Cour
t is not inclined to grant anticipatory bail to the petitioner. However, keeping in view the s
ubmission made by the learned counsel for the petitioner, the petitioner is given liberty to s
urrender before the learned S.D.J.M., Kendrapara in the aforesaid case in first hour within tw
enty-one working days hence and file an application for bail. On such event, the learned Magis
trate shall consider his application for bail in the first hour. In case of rejection of the b
ail 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 bail application of the peti
tioner on the same day. This Court has not expressed any opinion on any future application und
er Section 439 of Cr.P.C. that may be filed before the higher forum.
Case Diary be made available to the concerned court. Records be transmitted by
the learned S.D.J.M., Kendrapara to the higher forum at the cost of the petitioner, if applie
d for.
The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
S.K. Mishra, J
2 issues framed by the court
Whether anticipatory bail should be granted pending the trial of the accused involved in a dowry death case.
Whether liberty to surrender and file a fresh bail application within a specified period should be granted.
1 provisions across 1 enactments
Petitioner
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court