The Court admitted the pre-arrest bail petition but refused interim bail. It directed the petitioner to surrender within 15 days to move for bail on merits, noting the release of co-accused.
Petitioner directed to surrender within 15 days to move for bail on merits. Pre-arrest bail petition disposed of.
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ABLAPL No.8781 of 2016
03. 22.08.2016 Heard learned counsel for the petitioner and t
he learned counsel for the State.
The petitioner in this case having been implicated in Chauliaganj P.S. Case N
o.52 of 2016 corresponding to G.R. Case No.537 of 2016 pending in the court of the learned S.D
.J.M.(S), Cuttack for alleged commission of offence punishable under Sections 341/364/325/307/
34, I.P.C., filed this petition for his release on pre-arrest bail.
Upon hearing the learned counsel for the petitioner and the learned for the St
ate, considering the nature of allegation giving rise to alleged commission of offence against
the petitioner while being not inclined to grant bail to the petitioner in the event of his a
rrest in Chauliaganj P.S. Case No.52 of 2016 corresponding to G.R. Case No.537 of 2016 pending
in the Court of the learned S.D.J.M.(S), Cuttack, , it is observed that in the event the peti
tioner surrenders in the court below within a period of 15 days hence and moves for his bail,
the same shall be considered on its own merit and disposed of in accordance with law taking in
to account the factum of release of co-accused person, namely, Biki @ Bikash Patra and in case
similarly situated on the ground of parity in the first hour of the day to enable the petitio
ner to move the higher forum during the second half in case necessity so arises for its dispos
al preferably on the same day if there is no legal impediment.
\ The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
D. Dash, J.
H
1 issue framed by the court
Whether the pre-arrest bail petition admitted to the petitioner should be disposed of at this stage.
1 provisions across 1 enactments
Petitioner
State
D. Dash
As recorded by the court registry
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