Dismissed

Bishnu Bahalia v. State of Orissa

Orissa HC1 Mar 2016ABLAPL/318/2016

Case brief

AI extract

What is this about?

The court declined to grant anticipatory bail to petitioners facing arrest under IPC and SC/ST Act sections. Instead, liberty was granted to surrender within 21 days to the lower court for bail consideration, with strict timelines for disposal and a right to approach higher forums if rejected.

What did the court decide?

Petitioner is granted liberty to surrender before JMFC Bhuban within 21 working days to move for bail; if rejected, they can move higher forum same day.

Bishnu Bahalia Vs State of Orissa — Caste Atrocities | Orissa HC (2016)

¶1

ABLAPL No.318 of 2016
01.03.2016 Heard learned counsel for the petitioners and learned Addl. Government
 Advocate.

¶2

 The petitioners are apprehending arrest for the alleged commission of offence
under Sections 147, 148, 447, 323, 324, 379 and 506/149 of the IPC read with Section 3 of the
SC and ST (P.A.) Act in G.R. Case No.159/2015 of the court of learned JMFC, Bhuban, arising ou
t of Bhuban P.S. Case No.160/2015.
 Considering the facts of the case, this Court is not inclined to grant anticip
atory bail to the petitioners.

¶3

 However, keeping in view the submissions made, the petitioners are given liber
ty to surrender before the learned JMFC, Bhuban 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
 their 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 petitioners may move for bail before the h
igher forum in the second hour. On such event, the higher forum shall consider and dispose of
 the bail application of the petitioners on the same day strictly on the basis of the material
s on record. Case Diary be made available to the concerned court. Records be transmitted to th
e higher forum at the cost of the petitioners, if applied for. This Court has not expressed an
y opinion on any future application under Section 439 Cr.P.C. that may be filed before the Ses
sions Judge, Dhenkanal.

¶4

 The ABLAPL is disposed of.

¶5

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

¶6

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.

¶7

Bishnu Bahalia v. State of Orissa

Case brief

What is this about?

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Bishnu Bahalia v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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