The High Court declined to grant anticipatory bail to the petitioner implicated in an IPC 47(a) offence but directed that bail application be considered on merits if the petitioner surrenders within two weeks.
Anticipatory bail denied; petitioner directed to surrender within two weeks to move for regular bail.
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ABLAPL No. 20373 OF 2016
02. 03.01.2017 The petitioner having been implicated in Olatpur P.S. Case No.
98 of 2016 corresponding to G.R. Case No. 1878 of 2016 on the file J.M.F.C.(R), Cuttack for a
lleged commission of offence under section 47(a) of IPC, has filed this application for grant
of anticipatory bail.
Heard learned counsel for the petitioner and learned counsel for the State.
Considering the submissions and viewing nature of accusations against the peti
tioner, while being not inclined to grant anticipatory bail to the petitioner, it is directed
that in the event the petitioner surrenders in the court below within two weeks hence and move
s for his release on bail, the same shall be considered on its own merit and disposed of in ac
cordance with law, during the first hour so as to enable the petitioner to approach the next h
igher forum during the second half of the day in case necessity so arises for its disposal dur
ing the course of the day unless there stands any legal impediment. The case recor
d be made available accordingly.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
Narayan
D. Dash, J.
// 2 //
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner implicated in an IPC 47(a) case.
Whether the petitioner can move for regular bail upon surrender within two weeks.
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court