Application for anticipatory bail rejected outright. Court directed petitioners to surrender within 15 days; bail will then be considered on merits with parity given to co-accused.
Directed petitioners to surrender within 15 days; bail upon surrender to be considered considering parity with co-accused.
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ABLAPL No.2898 of 2017
02. 22.03.2017 The petitioners having been implicated in 2(b)
C.C. Case No.7 of 2017 arising out of O.R. No.475(S) of 2016-17 registered for alleged commis
sion of offence under section 51 of the Wild Life (Protection) Act, 1972 pending in the Court
of the learned S.D.J.M., Sundargarh have filed this application for grant of anticipatory bail
Heard learned counsel for the petitioners and the learned Additional Governmen
t Advocate.
Considering the submissions and viewing the nature of accusations against the
petitioner, while being not inclined to grant anticipatory bail to the petitioners, it is obs
erved that in the event the petitioners surrender in the court below within 15 days hence and
move for their 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
similarly situated, on the ground of parity, during the first hour so as to enable the petit
ioners to approach the next higher forum during the second half of the day in case necessity s
o arises for its disposal preferably on the same day, if there is no legal impediment. The cas
e record be transmitted at the cost of the petitioners.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
H
1 issue framed by the court
Whether anticipatory bail should be granted as the petitioners were not inclined to grant bail outright.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court