The single bench allowed the withdrawal of anticipatory bail application, with liberty to surrender within 21 days and file for bail in the trial court. The order reserved views on merits of future bail applications.
ABLAPL disposed of as withdrawn; liberty to surrender within 21 days and file bail application.
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ABLAPL NO.15441 OF 2015 1 1.1.2016. Heard learned counsel for the petitioners and learned Addl. Government Advocate for the Sta
te.
2. The petitioners are apprehending arrest for the alleged commission of offences under Sectio
ns 341/323/294/ 324/326/307/354-B/506/34 of the I.P.C. in G.R. Case No.1676/2015 of the court
of learned S.D.J.M., Bhadrak arising out of Bhadrak Rural P.S. Case No.533(9)/2015.
3. Learned counsel for the petitioners in course of hearing prays that he may be allowed to wi
thdraw the ABLAPL with liberty to the petitioners to surrender before learned S.D.J.M., Bhadra
k in the aforesaid case within a stipulated time, so that their application can be considered
by a court competent to entertain such application.
4. Accordingly, the ABLAPL is disposed of as withdrawn giving liberty to the petitioners to su
rrender before the learned S.D.J.M., Bhadrak in the aforesaid case in first hour, within a pe
riod of twenty one days hence, and files an application for bail. On such event, the learned S
.D.J.M., Bhadrak shall consider their application for bail in the first hour. In case of rejec
tion 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 applicati
on of the petitioners on the same day.
5. Records be transmitted to the higher forum at the cost of the petitioners, if applied for.
6. It is made clear that this Court has not expressed any opinion on the merits of any future
application that may be filed before the higher forum by the petitioners under Section 439 of
the Cr.P.C.
Urgent certified copy of this order be granted on proper application.
S.K.Mishra, J
Petitioners
State
S.K. Mishra
As recorded by the court registry
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