Disposed

Gourahari Bhoi v. State of Orissa

Orissa HC12 May 2017ABLAPL/3086/2017

Case brief

AI extract

What is this about?

The court allowed the petitioner to correct place details in an anticipatory bail application. It disposed of the application by directing the petitioner to surrender before a specific court within 7 days, with bail to be considered on merits in the first hour; the higher forum was also directed to consider bail on merits if sought after local rejection.

What did the court decide?

Petitioner directed to surrender within 7 days for bail on merits; if rejected locally, higher forum can be approached for bail on merits on same day.

Gourahari Bhoi Vs State of Orissa — Anticipatory Bail | Orissa HC (2017)

¶1

 ABLAPL No. 3086 of 2017

¶2

 03. 12.05.2017 On the basis of the oral prayer made,
learned counsel for the petitioner is allowed to make necessary correction, so far as the plac
e of Police Station is concerned, in Court today.
 Heard learned counsel for the petitioner and learned Additional Standing Couns

¶3

el for the State.

¶4

 This is an application under Section 438 Cr.P.C. for anticipatory bail.

¶5

 In view of the nature of offences, this ABLAPL is disposed of with the
 observation that the petitioner, if so advised, may surrender before the learned S.D.J.M., Pa
tnagarh in G.R. Case No.259 of 2016 within 7 (seven) days from the date of reopening of the Co
urt after the ensuing Summer Vacation, and in the event of his surrender and motion for bail,
the application for bail shall be considered by the learned S.D.J.M., Patnagarh on merit in ac
cordance with law, in the first hour of the day. In the event of rejection of the prayer for b
ail by learned S.D.J.M., Patnagarh, the petitioner is at liberty to move the higher forum for
bail on the same day. On being so moved, the higher forum shall dispose of the bail applicatio
n of the petitioner on the same day on merit in accordance with law. In that event, the Case D
iary be made available to the concerned courts to facilitate disposal of the bail application,
 and learned S.D.J.M., Patnagarh 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 any, may be considered by the learned Court below on same
 being canvassed by learned counsel for the petitioner at the time of consideration of the bai
l application.

¶6

 The ABLAPL is accordingly disposed of.
 Urgent certified copy of this order be granted as per rules.

¶7

 .
 C.R. Dash, J.

¶8

Balaram

¶9

Gourahari Bhoi v. State of Orissa

Case brief

What is this about?

What did the court decide?

Gourahari Bhoi v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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