Partly allowed

Raja Kishore Swain v. State of Orissa

Orissa HC11 Mar 2016ABLAPL/18399/2015

Case brief

AI extract

What is this about?

The court declined to grant anticipatory bail due to the nature of allegations involving grievous injury. However, the petitioner was granted liberty to surrender within twenty-one working days and file a bail application, which must be heard on the same day if rejected.

What did the court decide?

Liberty to surrender within twenty-one working days from the date of this order and file an application for bail in J.M.F.C., Chandikhol.

Raja Kishore Swain Vs State of Orissa — Anticipatory Bail | Orissa HC (2016)

¶1

ABLAPL No.18399 of 2015
11.03.2016

¶2

 Heard learned counsel for the petitioner and learned Additional Government

¶3

 Advocate.

¶4

 The petitioner is apprehending arrest for the alleged commission of offence un
der Sections 147, 148, 152, 186, 332, 333 and 294/149 of the IPC in G.R. Case No.1170 of 2015
of the court of learned J.M.F.C., Chandikhol, arising out of Badachana P.S. Case No.280 of 201
5.

¶5

 Keeping in view the nature of allegations, the facts of the case and the fact
that the injury sustained by the injured is grievous in nature, this Court is not inclined to
grant anticipatory bail to the petitioner. However, keeping in view the submission made by the
 learned counsel for the petitioner, the petitioner is given liberty to surrender before the l
earned J.M.F.C., Chandikhol in the aforesaid case in first hour within twenty-one working days
 hence and file an application for bail. On such event, the learned Magistrate shall consider
his application for bail in the first 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 hi
gher forum shall consider and dispose of the bail application of the petitioner on the same da
y by maintaining parity, if applicable.

¶6

 Case Diary be made available to the concerned court. Records be transmitted by
 the learned J.M.F.C., Chandikhol to the higher forum at the cost of the petitioner, if applie
d for.

¶7

 The ABLAPL is disposed of accordingly.

¶8

Urgent certified copy of this order be granted as per rules.

¶9

Raja Kishore Swain v. State of Orissa

Case brief

What is this about?

What did the court decide?

Raja Kishore Swain v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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