Dismissed

Madhab Dhada v. State of Orissa

Orissa HC4 Nov 2016ABLAPL/15109/2016

Case brief

AI extract

What is this about?

The High Court refused anticipatory bail to the petitioner in the instant conviction case under IPC but granted liberty to surrender and move for bail before the JMFC within 21 days with an instruction to dispose of the bail application on the same day on first hour.

What did the court decide?

Liberty granted to surrender within 21 days and move for bail in first hour before concerned court; bail application to be disposed of same day.

Madhab Dhada Vs State of Orissa — Anticipatory Bail | Orissa HC (2016)

¶1

ABLAPL No.15109 of 2016
04.11.2016 Heard learned counsel for the petitioner and learned Addl. Government
Advocate.

¶2

 The petitioner is apprehending arrest for the alleged commission of offence un
der Sections 147, 148, 395, 436/149 of the IPC in C.T. Case No.709/2016 of the court of learne
d JMFC, Soro, arising out of Soro P.S. Case No.360/2016.

¶3

 Considering the facts of the case, this Court is not inclined to grant anticip
atory bail to the petitioner.

¶4

 However, keeping in view the submissions made, the petitioner is given liberty
 to surrender in the aforesaid case before the learned JMFC, Soro in the first hour within 21
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 materials on record. In case
of rejection of the bail 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 a
pplication of the petitioner on the same day strictly on the basis of materials on record. Cas
e Diary be made available to the concerned court. Records be transmitted to the higher forum a
t the cost of the petitioner, if applied for.

¶5

 It is made clear that this Court has not expressed any opinion on the merits o
f the case so far as any future application under Section 439 Cr.P.C. that may be filed before
 the higher forum.

¶6

 The ABLAPL is disposed of.

¶7

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

¶8

 S.K. Mishra, J.

Madhab Dhada v. State of Orissa

Case brief

What is this about?

What did the court decide?

Madhab Dhada v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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