Disposed

Smrutidhar Pati v. State of Orissa

Orissa HC5 Jan 2016ABLAPL/17925/2015

Case brief

AI extract

What is this about?

The Court disposed of the applicant's anticipatory bail application by granting liberty to surrender before the deletion court within 21 days. The order mandated that the lower court consider the bail application strictly on the material on record within the first hour, with an option to appeal to a higher forum on the same day if rejected.

What did the court decide?

Liberty granted to surrender before the J.M.F.C.(R), Cuttack within 21 days; lower and higher forums to consider bail application on same day based on record only.

This is a successive bail application. The petitioner is apprehending arrest f or the alleged commission of offence under Sections 342, 323, 307, 302 and 201/34 of the IPC i n G.R. Case No.838 of 2015 of the court of learned J.M.F.C.(R), Cuttack, arising out of Cuttac k Sadar P.S. Case No.144 of 2015.

The learned counsel for the petitioner submits that there has been changed in circumstances since the rejection of last bail application in ABLAPL No.8302 of 2015, inasmuch as the investigation of the case has been completed and the co-accused has been admitted to r egular bail. The learned counsel for the petitioner further submits that the application for a nticipatory may be allowed to withdraw and the petitioner may be given liberty to surrender be fore the learned J.M.F.C.(R), Cuttack, so that his application can be considered and disposed of on the same day by court competent to grant bail to him.

In that view of the matter, the anticipatory bail application is disposed of g ranting liberty to the petitioner to surrender in the aforesaid case before the learned J.M.F. C.(R), Cuttack 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 strictly on the basis of the materials on record. In case of rejection of the bail application, the petit ioner may move for bail before the higher forum on the second hour. On such event, the higher forum shall consider and dispose of the bail application of the petitioner on the same day str ictly on the basis of the materials on record. Case Diary be made available to the concer ned courts. Records be

transmitted to the higher forum at the cost of the petitioner, if applied for. The Court below shall keep in mind the principles of parity, if applicable while disposing of the bail applic ation of the petitioner.

Smrutidhar Pati v. State of Orissa

Case brief

What is this about?

What did the court decide?

Smrutidhar Pati v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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