The petitioner withdrew an anticipatory bail application. The court disposed of the application as withdrawn, granting liberty to surrender before the lower court within 21 days and apply for bail thereafter.
Anticipatory bail application disposed as withdrawn; liberty granted to surrender before S.D.J.M. Kendrapara within 21 working days and apply for bail.
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ABLAPL No.1530 of 2016
16.03.2016 Heard learned counsel for the petitioner and learned Additional Government
Advocate.
The petitioner is apprehending arrest for the alleged commission of offence un
der Section 394 of the IPC read with Section 25 of Arms Act in G.R. Case No.1365 of 2015 of th
e court of learned S.D.J.M., Kendrapara, arising out of Marsaghai P.S. Case No.276 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.
In that view of the matter, the anticipatory bail application is disposed of a
s withdrawn. However, the petitioner is given liberty to surrender before the learned S.D.J.M.
, Kendrapara in the aforesaid case in the first hour within twenty-one working days hence and
move for bail. On such event, the learned Magistrate shall consider his application for bail i
n the first hour strictly on the basis of the materials on record. In case of rejection of the
bail application, the petitioner may move for bail before the higher forum on the second hour
. On such event, the higher forum shall consider and dispose of the bail application of the pe
titioner on the same day strictly on the basis of the materials on record by maintaining parit
y, if applicable.
Case Diary be made available to the concerned courts. Records be transmitted t
o the higher forum at the cost of the petitioner, if applied for.
The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
S.K. Mishra, J.
2
Petitioner
Additional Government Advocate
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court