Disposed

Saura@Surendra Mallick v. State of Orissa

Orissa HC11 Jan 2016ABLAPL/15191/2015

Case brief

AI extract

What is this about?

The single judge disposed of an application for anticipatory bail under Section 439 CrPC in a case under Section 376 IPC. Liberty was granted for the petitioner to surrender before the lower court within 21 days and apply for bail, with strict timelines for disposal by lower and higher forums.

What did the court decide?

Anticipatory bail application disposed; liberty granted to surrender before lower court within 21 days and apply for bail with strict disposal timelines for lower and higher forums.

Saura@Surendra Mallick Vs State of Orissa — Anticipatory Bail | Orissa HC (2016)

¶1

 ABLAPL No.15191 of 2015
11.01.2016 Heard learned counsel for the petitioner and learned Additional Government
 Advocate.

¶2

 The petitioner is apprehending arrest for the alleged commission of offence un
der Section 376 of the IPC in G.R. Case No.80 of 2015 of the court of learned S.D.J.M., Jagats
inghpur, arising out of Tirtol P.S. Case No.21 of 2015.
 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.

¶3

 In that view of the matter, the anticipatory bail application is disposed of g
ranting liberty to the petitioner to surrender in the aforesaid case before the learned S.D.J.
M., Jagatsinghpur in the first hour within 21 working days hence and move for bail. On such ev
ent, 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 the bail application, the pe
titioner may move for bail before the higher forum on the second hour. On such event, the high
er forum shall consider and dispose of the bail application of the petitioner on the same day
strictly on the basis of the materials on record. Case Diary be made available to the concerne
d courts. Records be transmitted to the higher forum at the cost of the petitioner, if applied
 for. 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.

¶4

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

¶5

 S.K. Mishra, J.

¶6

Saura@Surendra Mallick v. State of Orissa

Case brief

What is this about?

What did the court decide?

Saura@Surendra Mallick v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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