Disposed

Sagar Baliarsingh v. State of Orissa

Orissa HC3 Nov 2016ABLAPL/14960/2016

Case brief

AI extract

What is this about?

Court denies anticipatory bail to petitioners facing alleged offences under IPC and Arms Act. Petitioners granted liberty to surrender within twenty-one days, apply for bail in first hour, and approach higher forum the following hour if rejected; future Section 438 applications not addressed.

What did the court decide?

Liberty to surrender within twenty-one working days, apply for bail in first hour, and invoke higher forum jurisdiction if rejected.

Sagar Baliarsingh Vs State of Orissa — Anticipatory Bail | Orissa HC (2016)

¶1

ABLAPL No.14960 of 2016
03.11.2016

¶2

 Heard learned counsel for the petitioners and learned Additional Governmen

¶3

t Advocate.

¶4

 The petitioners are apprehending arrest for the alleged commission of offence
under Sections 341, 323, 307 and 506/34 of the IPC read with Sections 25 & 27 of the Arms Act
in G.R. Case No.287 of 2016 of the court of learned J.M.F.C., Tangi, arising out of Nirakarpur
 P.S. Case No.83 of 2016.

¶5

 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 petitioners. However, keeping in view the
submission made by the learned counsel for the petitioners, the petitioners are given liberty
to surrender before the learned J.M.F.C., Tangi in the aforesaid case in first hour within twe
nty-one working days hence and file an application for bail. On such event, the learned Magist
rate shall consider their application for bail in the first hour. 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. This Court has not expressed any opinion on any future application
under Section 439 of Cr.P.C. that may be filed before the higher forum.

¶6

 Case Diary be made available to the concerned court. Records be transmitted by
 the learned J.M.F.C., Tangi to the higher forum at the cost of the petitioners, if applied fo
r.

¶7

 The ABLAPL is disposed of accordingly.

¶8

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

¶9

 S.K. Mishra, J

¶10

Sagar Baliarsingh v. State of Orissa

Case brief

What is this about?

What did the court decide?

Sagar Baliarsingh v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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