Ranjit Bagh v. State of Orissa

ABLAPL No. 16082 of 2016

14.12.2016 Heard learned counsel for the petitioner and learned Addl. Government Advocate.
 The petitioner is apprehending arrest for the alleged commission of offences under Sect
ions 379 and 411/34 of the I.P.C. in G.R. Case No.96 of 2015 of the court of S.D.J.M., Malkang
iri, arising out of Malkangiri P.S. Case No. 39 of 2016.

 Learned counsel for the petitioner orally prays that he wants to withdraw the applicati
on with liberty to surrender and move for bail before the trial court, which may be disposed o
f on the same day.

 Keeping in view the submission made by the learned counsel for the petitioner, the appl
ication for anticipatory bail is dismissed as withdrawn. However, considering the further subm
ission made by the learned counsel for the petitioner that this is a successive bail applicati
on of the petitioner basing on the changed circumstance that the co-accused persons have been
granted bail on a split up trial, the petitioner is given liberty to surrender before the lear
ned S.D.J.M., Malkangiri in the aforesaid case in first hour within a period of twenty-one wor
king days hence and file an application for bail. On such event, the learned S.D.J.M., Malkang
iri shall consider his application for bail in the first hour. In case of rejection of the bai
l application, the petitioner may move for bail before the higher forum in second half of the
day. On such event, the higher forum shall consider and dispose of the bail application of the
 petitioner on the same day by maintaining parity, if applicable.

 Case Diary be made available to the concerned court. Records be transmitted by the lear
ned S.D.J.M., Malkangiri to the higher forum at the cost of the petitioner, if applied for.
 The ABLAPL is accordingly disposed of.

 Urgent certified copy of this order be granted as per rules.
JS ....
 S.K.Mishra, J.