Dismissed

Subash Maharana v. State of Orissa

Orissa HC15 Mar 2016ABLAPL/19296/2015

Case brief

AI extract

What is this about?

The court disposed of appendix bail/application as withdrawn by the petitioner. Liberty was granted to the petitioner to surrender before the lower court within 21 working days and apply for bail, ensuring consideration in the first hour based on available records.

What did the court decide?

Petitioner given liberty to surrender before learned SDJM Kendrapara within 21 working days and apply for bail; higher forum to consider bail on same day if rejected.

The petitioner is apprehending arrest for the alleged commission of offence un der Sections 143, 294, 354, 506, 379 and 149 of the IPC read with Section 3(1)(x) of the SC an d ST (PA) Act and Section 66-E of the Information and Technology Act in G.R. Case No.1587/2015 of the court of learned SDJM, Kendrapara, arising out of Kendrapara Town P.S. Case No.199/201 5.

In course of hearing, the learned counsel for the petitioner submits that the petitioner may be allowed to withdraw the anticipatory bail application with a liberty to surr ender before the lower court and apply for bail so that his bail application shall be consider ed and disposed of by the court having jurisdiction to do so.

However, petitioner is given liberty to surrender before the learned SDJM, Ken drapara in the aforesaid case 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 h our strictly on the basis of the materials on record. In case of rejection of the bail applica tion, the petitioner may move for bail before the higher forum in the second hour. On such ev ent, the higher forum shall consider and dispose of the bail application of the petitioner on the same day strictly on the basis of the materials on record. Case Diary be made available to the concerned court. Records be transmitted to the higher forum at the cost of the petitioner , if applied for. The courts below shall keep in mind the principles of parity, if applicable while disposing of the bail application.

Intheinterim,Misc.CaseitNo.8721isdirectedof2011thatthepetitioner no.2 shall not be disengage d only on the basis of attaining the age of 60 till the next date. Urgent certified copy of this order be granted as per rules.

Subash Maharana v. State of Orissa

Case brief

What is this about?

What did the court decide?

Subash Maharana v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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