Kanhu Charan Sahu v. State of Orissa
Case brief
What is this about?
This order dismissed the petitioner's application for anticipatory bail in a criminal case involving IPC offenses. The court observed that bail was not inclined to be granted but allowed the petitioner to surrender to the lower court within 15 days. Upon surrender and seeking regular bail, the matter would be considered on merit, taking into account the release parity of co-accused, with instructi
What the court decided
ABLAPL No.2642 of 2017
02. 21.03.2017 The petitioner having been implicated in G.R.
Case No.272 of 2013 arising out of Banpur P.S. Case No.176 of 2013 registered for alleged comm
ission of offence under sections 341/363/366/323/354/506/34, I.P.C. pending in the Court of th
e learned J.M.F.C., Banpur has filed this application for grant of anticipatory bail.
Heard learned counsel for the petitioner and the learned Additional Government
Advocate.
Considering the submissions and viewing the nature of accusations against the
petitioner, while being not inclined to grant anticipatory bail to the petitioner, it is obse
rved that in the event the petitioner surrenders in the court below within 15 days hence and m
oves for his release on bail, the same shall be considered on its own merit and disposed of in
accordance with law, taking into account the factum of release of co-accused on bail and if s
imilarly situated, on the ground of parity, during the first hour so as to enable the petitio
ner to approach the next higher forum during the second half of the day in case necessity so a
rises for its disposal preferably on the same day, if there is no legal impediment. The case r
ecord be transmitted at the cost of the petitioner.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
D. Dash, J.
Issues for consideration
3 issues framed by the court
Whether an application for anticipatory bail under Section 438 CrPC can be disposed of by conditioning the grant of bail upon the petitioner's surrender in the lower court within 15 days.
Whether the petitioner can be permitted to approach a higher forum for bail after surrendering in the lower court.
Whether the disposal of the anticipatory bail application should be premised on the ground of parity with co-accused granted bail.
Parties & counsel
- petitioner
Petitioner
- respondent
The State
Coram
D. Dash
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court