Allowed

Muralidhar Behera v. State of Orissa

Orissa HC8 Jan 2016ABLAPL/14866/2015

Case brief

AI extract

What is this about?

A dark-colored petitioners apprehending arrest under IPC Sections 302, 304-B, and 498-A in a criminal trial case sought to withdraw an anticipatory bail application with liberty to apply for regular bail in the lower court. The court disposed the application as withdrawn and granted liberty to surrender and appear for bail.

What did the court decide?

Disposed of the ABLAPL as withdrawn; liberty granted to surrender to the JMFC, Soro within 21 working days and move for bail.

The petitioners are apprehending arrest for the alleged commission of offence under Sections 302, 304-B, 498-A/34 of the IPC read with Section 4 of the D.P. Act in C.T. Ca se No.215/2015 of the court of learned JMFC, Soro, arising out of Soro P.S. Case No.104/2015.

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.

The petitioners are given liberty to surrender before the learned JMFC, Soro i n the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider their application for bail in the first hour str ictly on the basis of the materials on record. In case of rejection of the bail application, t he petitioners may move for bail before the higher forum in the second hour. On such event, t he higher forum shall consider and dispose of the bail application of the petitioners on the s ame day strictly on the basis of the materials on record. Case Diary be made available to the concerned court. Records be transmitted to the higher forum at the cost of the petitioners, if applied for. The court below shall keep in mind the principles of parity, if applicable while disposing the bail application.

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.

Muralidhar Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

Muralidhar Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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