Rejection of anticipatory bail application. Court directed surrender within 21 days to seek bail. Ordered production of case diary per Arnesh Kumar principles to ensure arrest necessity under Section 41 Cr.P.C.
Liberty to surrender within 21 days and move for bail; direction to produce case diary indicating arrest reasons.
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ABLAPL No.17041 of 2016
21.11.2016 Heard learned counsel for the petitioner and learned Addl. Government
Advocate.
The petitioner is apprehending arrest for the alleged commission of offence un
der Section 379/34 of the IPC in G.R. Case No.180/2015 of the court of learned JMFC, Kantabanj
i, arising out of Kantabanji P.S. Case No.78/2015.
Keeping in view the facts of the case and pendency of another case against him
, this Court is not inclined to grant anticipatory bail to the petitioner.
However, on the submissions of the counsel, the petitioner is given liberty to
surrender in the aforesaid case before the learned JMFC, Kantabanji within 21 working days he
nce and move for bail. On such event, the learned Magistrate shall consider his application an
d dispose of the same on the same day keeping in view the mandate of Section 41 of the Cr.P.C
. as interpreted by the Honble Supreme Court in Arnesh Kumar v. State of Bihar, AIR 2014 SC 27
56. The principles of parity be keep in mind by the learned Magistrate while disposing of the
bail application.
The learned Addl. Government Advocate is directed to impress upon the I.O., to
produce the up-to-date case diary in the meantime before the said court indicating the reason
s that are germane under Section 41 Cr.P.C. for arrest of the accused in this case.
The ABLAPL is disposed of.
A free copy of this order be granted to Mr. S.K. Nayak, learned Addl. Governm
ent Advocate for reference.
Urgent certified copy of this order be granted as per rules.
.jns
S.K. Mishra, J.
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a theft case?
Whether the case diary should be produced indicating reasons for arrest under Section 41 Cr.P.C.?
Whether the Magistrate must consider bail application on the same day as per Arnesh Kumar principles?
Colour shows how this judgement treated each authority
Arnesh Kumar v. State of BiharReferred¶4
AIR 2014 SC 2756 · Who else cites this
3 provisions across 3 enactments
Petitioner
State of Odisha
S.K. Mishra
As recorded by the court registry
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