The High Court disposed of a bail application under Section 438 Cr.P.C. by observing that co-accused were on bail and directing the petitioners to surrender before the lower court within 15 days for bail pronouncement on merit.
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ABLAPL No. 18960of 2016
03. 07.03.2017 This is an application under Section 438, Cr.P.C.
Learned counsel for the petitioners submits that the other co-accused
persons similarly circumstanced with the present petitioners have already been released on bai
l and the petitioners bail application be expeditiously disposed of on the same day, on their
surrendering before the learned court below.
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 J.M.F.C., M.Rampur in Nar
la P.S. Case No. 166 of 2016 corresponding to C.T. Case No. 332 of 2016 within 15(fifteen) day
s from today, and in the event of their surrender and motion for bail, the application for bai
l shall be considered by the learned J.M.F.C., M.Rampur on merit in accordance with law, in th
e first hour of the day. In the event of rejection of the prayer for bail by the learned J.M.F
.C., M.Rampur, the petitioners are at liberty to move the higher forum for bail on the same da
y. On being so moved, the higher forum shall dispose of the bail application of the petitioner
s on the same
day on merit in accordance with law. In that event the Case Diary be made available to
the courts concerned to facilitate disposal of the bail application, and learned J.M.F.C., M.
Rampur is directed to transmit the case record to the higher forum in the second hour, in the
event of rejection of the bail application by him. Ground of parity, if canvassed by the l
earned counsel for the petitioners, shall be taken into consideration by the learned courts be
low while disposing the bail application of the petitioners.
The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
Dhal .
C.R. Dash, J.
1 issue framed by the court
Application for conditional bail under Section 438 Cr.P.C.
petitioners
C.R. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court