Allowed

Rama Chandra Barik v. State of Orissa

Orissa HC19 Jan 2016ABLAPL/15519/2015

Case brief

AI extract

What is this about?

The High Court disposed of the petitioners anticipatory bail application as withdrawn on his term of surrender before the lower court. Liberty was granted to move for bail within 21 working days, with strict timelines for consideration by lower and higher forums contingent on rejection.

What did the court decide?

Application disposed of as withdrawn; liberty granted to surrender before lower court and apply for bail within 21 days.

The petitioner is apprehending arrest for the alleged commission of offence un der Sections 341, 323, 354-B, 294, 506 and 307/34 of the IPC and Section 3 of the S.C. and S.T . (P.A.) Act in G.R. Case No.320/2015 of the court of SDJM, Udala, arising out of Udala P.S. Case No.121/2015.

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In that view of the matter, the ABLAPL is disposed of as withdrawn. The petitioner is given liberty to surrender before the learned SDJM, Udala in the aforesaid case 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 strict ly 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 in the second hour. On such event, the h igher forum shall consider and dispose of the bail application of the petitioner on the same d ay strictly on the basis of the materials on record. Case Diary be made available to the conce rned court. Records be transmitted to the higher forum at the cost of the petitioner, if appli ed for. It is made clear that this Court has not expressed any opinion on the merits of the c ase on any future application under Section 439 Cr.P.C. that may be filed before the Sessions Judge, Mayurbhanj.

Intheinterim,Misc.CaseitNo.8721isdirectedof2011thatthepetitioner no.2 shall not be disengage d only on the basis of attaining the age of 60 till the next date. Urgent certified copy of this order be granted as per rules.

Rama Chandra Barik v. State of Orissa

Case brief

What is this about?

What did the court decide?

Rama Chandra Barik v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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