Ganga Das v. State of Orissa

ABLAPL No.17007 of 2016

 21.11.2016 Heard learned counsel for the petitioners and learned Addl. Go
vernment Advocate.

 The petitioners are apprehending arrest for the alleged commission of offence
under Sections 498-A, 302, 304-B/34 of the IPC read with Section 4 of the D.P. Act in G.R. Cas
e No.1269/2016 of the court of learned SDJM, Kendrapara, arising out of Nikirai P.S. Case No.1
21/2016.

 In course of hearing, the learned counsel for the petitioners submits that the
 petitioners may be allowed to withdraw the anticipatory bail application with a liberty to su
rrender before the lower court and apply for bail so that their bail application shall be cons
idered and disposed of by the court having jurisdiction to do so.

 In that view of the matter, the ABLAPL is disposed of as withdrawn.

 However, petitioners are given liberty to surrender before the SDJM, Kendrapar
a in the aforesaid case in the first hour within 21 working days hence and move for bail. On s
uch event, the learned magistrate shall consider their application for bail in the first hour
strictly on the basis of the materials on record. 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 th
e same day strictly on the basis of the materials on record. Case Diary be made available to t
he concerned court. Records be transmitted to the higher forum at the cost of the petitioners,
 if applied for. While disposing of the bail application, the courts below shall keep in mind
the principles of parity, if applicable.