Dismissed

Himanshu Jena v. State of Orissa

Orissa HC11 Mar 2016ABLAPL/9410/2015

Case brief

AI extract

What is this about?

The Anticipatory Bail Application was disposed of as withdrawn. The petitioner was granted liberty to surrender to the lower court within twenty-one days and apply for bail. A timeline for approaching the higher forum in case of rejection was provided.

What did the court decide?

Anticipatory Bail application disposed of as withdrawn; liberty to surrender in lower court within twenty-one days and apply for bail; liberty to move to higher forum in second hour if rejected at low

Himanshu Jena Vs State of Orissa — Bail and Remand | Orissa HC (2016)

¶1

ABLAPL No.9410 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 447, 294, 323, 354 and 506 of the IPC in G.R. Case No.400 of 2015 of the court of
 learned J.M.F.C., Salipur, arising out of Nemalo P.S. Case No.0050 of 2015.
 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.

¶5

 In that view of the matter, the anticipatory bail application is disposed of a
s withdrawn. However, keeping in view the submission made by the learned counsel for the petit
ioner, the petitioner is given liberty to surrender before the learned J.M.F.C., Salipur in th
e aforesaid case in first hour within twenty-one working days hence and file an application fo
r bail. On such event, the learned Magistrate shall consider his application for bail in the f
irst hour. In case of rejection of the bail application, the petitioner may move for bail befo
re the higher forum in the second hour. On such event, the higher forum shall consider and dis
pose of the bail application of the petitioner on the same day.
 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.
 Case Diary be made available to the concerned court. Records be transmitted by
 the learned J.M.F.C., Salipur to the higher forum at the cost of the petitioner, if applied f
or.

¶6

 The ABLAPL is disposed of accordingly.
 Urgent certified copy of this order be granted as per rules.

¶7

Himanshu Jena v. State of Orissa

Case brief

What is this about?

What did the court decide?

Himanshu Jena v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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