Disposed

Basanta Pradhan v. State of Orissa

Orissa HC2 Mar 2017ABLAPL/18081/2016

Case brief

AI extract

What is this about?

The court heard an anticipatory bail application under Section 438 Cr.P.C. It disposed of the application by providing observations that the petitioner may surrender to the lower court for bail consideration. The higher forum was directed to dispose of the bail application on the same day if the lower forum rejects it.

What did the court decide?

Disposal of application with observation to surrender before S.D.J.M., Pallahara and direction for higher forum to consider bail on same day of rejection.

Basanta Pradhan Vs State of Orissa — Anticipatory Bail | Orissa HC (2017)

¶1

 ABLAPL No. 18081 of 2016

¶2

03. 02.03.2017 Heard learned counsel for the petitioners and learned Addition
al Standing Counsel for the State.

¶3

 This is an application u/s. Section 438, Cr.P.C.
 Learned counsel for the petitioners submits that the other co-accused
persons similarly circumstanced with the present petitioner have already been released on bail
 and the petitioners bail application be expeditiously disposed of on the same day, on their
surrendering before the learned court below.

¶4

 In view of such submission, this ABLAPL is disposed of with the observation th
at, the petitioners, if so advised, may surrender before the learned S.D.J.M., Pallahara in Pa
llahara P.S. Case No. 57 of 2016 corresponding to G.R. Case No. 137 of 2016 within 15(fifteen)
 days from today, and in the event of their surrender and motion for bail, the application for
 bail shall be considered by the learned S.D.J.M., Pallahara on merit in accordance with law,
in the first hour of the day. In the event of rejection of the prayer for bail by the learned
S.D.J.M., Pallahara, the petitioners are at liberty to move the higher forum for bail on the
same

¶5

 day. On being so moved, the higher forum shall dispose of the bail application of
 the petitioners on the same day on merit in accordance with law. In that event the Case D
iary be made available to the courts concerned to facilitate disposal of the bail application,
 and learned S.D.J.M., Pallahara is directed to transmit the case record to the higher forum i
n the second hour, in the event of rejection of the bail application by him. Ground of parity,
 if canvassed by the learned counsel for the petitioners, shall be taken into consideratio
n by the learned courts below while disposing the bail application of the petitioners.
 The ABLAPL is disposed of accordingly.

¶6

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

¶7

 C.R. Dash, J.

¶8

Dhal

Basanta Pradhan v. State of Orissa

Case brief

What is this about?

What did the court decide?

Basanta Pradhan v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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