Partly allowed

Niranjan Sahu v. State of Orissa

Orissa HC20 Dec 2016ABLAPL/16820/2016

Case brief

AI extract

What is this about?

The Court declined to grant anticipatory bail to petitioners facing arrest for IPC offences. However, liberty was granted to surrender within 21 days, with strict directions for the lower Magistrate and higher forum to consider bail applications within 'first hour' and 'second hour' respectively, and dispose of them on the same day.

What did the court decide?

Liberty granted to surrender within 21 working days; bail applications post-surrender to be disposed of same day.

Niranjan Sahu Vs State of Orissa — Anticipatory Bail | Orissa HC (2016)

¶1

ABLAPL No.16820 of 2016
20.12.2016 Heard learned counsel for the petitioners and learned Additional Standing
Counsel.

¶2

 The petitioners are apprehending arrest for the alleged commission of offences
 under Sections 457 and 380 of the IPC in C.T. Case No.267 of 2015 of the court of learned J.M
.F.C., Kesinga, arising out of Kesinga P.S. Case No.268 of 2015.
 This Court is not inclined to grant anticipatory bail to the petitioners in vi
ew of the materials available on record.

¶3

 However, on the submission of the counsel, the petitioners are given liberty t
o surrender before the learned J.M.F.C., Kesinga in the aforesaid case in the first hour withi
n 21 working days hence and move for bail. On such event, the learned Magistrate shall conside
r their application for bail in the first hour strictly on the basis of the materials on recor
d. In case of rejection 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 application of the petitioners on the same day strictly on the basis of the material
s on record. While disposing of the bail application, the courts below shall keep in mind the
principles of parity, if applicable.

¶4

 Case Diary be made available to the concerned courts. Records be transmitted t
o the higher forum at the cost of the petitioners, if applied for.
 The ABLAPL is disposed of accordingly.
 Urgent certified copy of this order be granted as per rules.

¶5

Niranjan Sahu v. State of Orissa

Case brief

What is this about?

What did the court decide?

Niranjan Sahu v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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