The High Court disposed of an anticipatory bail application filed under Section 438 Cr.P.C. by directing the petitioner to surrender before the subordinate court within a specific timeframe for expeditious bail consideration.
Direction to surrender before S.D.J.M., Jajpur within 7 days; liberty to approach higher forum if bail is rejected there.
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ABLAPL No. 4511 of 2017
03. 11.05.2017 Heard learned counsel for the petition
er and learned Additional Standing Counsel for the State.
This is an application under Section 438 Cr.P.C. for anticipatory bail.
Learned counsel for the petitioner submits that the petitioners bail applicati
on be disposed of expeditiously on the same day, he surrenders before the Court below.
Taking into consideration such submission, this ABLAPL is disposed of with the
observation that the petitioner, if so advised, may surrender before the learned S.D.J.M., Ja
jpur in G.R. Case No.301 of 2017 within 7 (seven) days from the date of the reopening of the C
ourt 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., Jajpur on merit in acco
rdance with law, in the first hour of the day. In the event of rejection of the prayer for bai
l by learned S.D.J.M., Jajpur, 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 application of
the petitioner on the same day on merit in accordance with law. In that event, the Case Diary
be made available to the concerned courts to facilitate disposal of the bail application, and
learned S.D.J.M., Jajpur is directed to transmit the case record to the higher forum in the se
cond 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.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted as per rules.
Balaram
3
1 provisions across 1 enactments
Petitioner
State
Balaram
As recorded by the court registry
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