Petitioner withdrew anticipatory bail application seeking liberty to surrender to lower court for regular bail. Court allowed withdrawal and granted liberty to apply for bail with a strict timeline for consideration.
Anticipatory bail application disposed as withdrawn; liberty granted to surrender and apply for bail in first hour.
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ABLAPL No.2641 of 2015
17.03.2016 Heard learned counsel for the petitioner and learned Additional Government
Advocate.
The petitioner is apprehending arrest for the alleged commission of offence un
der Section 302/34 of the IPC in G.R. Case No.42 (A) of 2014 of the court of learned J.M.F.C.,
Buguda, arising out of Buguda P.S. Case No.43 of 2014.
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s withdrawn.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, the petitioner is given liberty to surrender before the learned J.M.F.C.
, Buguda in the aforesaid case in the first hour within twenty-one working days hence and move
for bail. On such event, the learned Magistrate shall consider his application for bail in th
e first hour strictly on the basis of the materials on record. In case of rejection of the bai
l application, the petitioner 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 petiti
oner 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 by
the learned J.M.F.C., Buguda to the higher forum at the cost of the petitioner, if applied fo
r.
This Court has not expressed any opinion on any future application under Secti
on 439 of Cr.P.C. that may be filed before the higher forum.
The ABLAPL is disposed of accordingly.Urgent certified copy of this order be granted as per rules.2
1 provisions across 1 enactments
The Petitioner
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court