Anticipatory bail application withdrawn with liberty to surrender appearance before lower court within 21 days and apply for bail considering disposal same day.
Order to surrender before J.M.F.C., Aska within 21 days. Liberty to apply for bail to be considered in first hour.
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ABLAPL No.17928 of 2015
11.03.2016
Heard learned counsel for the petitioner and learned Additional Government
Advocate.
The petitioner is apprehending arrest for the alleged commission of offence un
der Sections 363 and 376/34 of the IPC in G.R. Case No.412 of 2010 of the court of learned J.M
.F.C., Aska, arising out of Dharakote P.S. Case No.63 of 2010.
In course of hearing, the learned counsel for the petitioner wants to withdraw
the anticipatory bail application with a liberty to surrender before the lower court and appl
y for bail so that his bail application shall be considered and disposed of by the court havin
g jurisdiction to do so.
In that view of the matter, the anticipatory bail application is disposed of a
s withdrawn. However, keeping in view the submission made by the learned counsel for the petit
ioner, the petitioner is given liberty to surrender before the learned J.M.F.C., Aska in the a
foresaid case in first hour within twenty-one working days hence and file an application for b
ail. On such event, the learned Magistrate shall consider his application for bail in the firs
t hour. In case of rejection of the bail application, the petitioner may move for bail before
the higher forum in the second hour. On such event, the higher forum shall consider and dispos
e of the bail application of the petitioner on the same day by maintaining parity, if applicab
le.
Case Diary be made available to the concerned court. Records be transmitted by
the learned J.M.F.C., Aska to the higher forum at the cost of the petitioner, if applied for.
The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
2
1 provisions across 1 enactments
Petitioner
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court