Disposed
Rajesh Kumar MoHAPATRO v. State of Orissa
Orissa HCABLAPL/4592/2017
Case brief
from the order text
What is this about?
of 2017 08.05.2017 This is an application…
What the court decided
AI extract
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ABLAPL No.4592 of 2017
08.05.2017 This is an application under Section 438, Cr.P.C.
Heard learned counsel for the petitioner and learned Addl. Standing Counsel.
Learned counsel for the petitioner submits that some of the co-accused persons simil
arly circumstanced with the present petitioner have already been released on bail, and the pre
sent petitioners bail application be expeditiously disposed of on the same day, on their surre
ndering before the learned Court below.
In view of such submission, this ABLAPL is disposed of with the observation that, th
e petitioners, if so advised, may surrender before the learned S.D.J.M., Jeypore in G.R. Case
No.265 of 2016 within seven days from the date of the re-opening day after the ensuing Summer
Vacation, and in the event of their surrender and motion for bail, the application for bail sh
all be considered by the learned S.D.J.M. on merit in accordance with law, in the first hour o
f the day. In the event of rejection of the prayer for bail by learned S.D.J.M., the petition
ers are 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 petitioners on the same day on merit
in accordance with law. In that event the Case Diary be made available to the concerned cour
ts to facilitate disposal of the bail application of the petitioners, and learned S.D.J.M., Je
ypore is directed to transmit the case record to the higher forum in the second hour, in the e
vent of rejection of the bail application by him. Ground of parity, if canvassed by the learn
ed counsel for the petitioners, shall be taken into consideration by the learned courts below
while disposing the bail application of the petitioners.
The ABLAPL is accordingly disposed of.
C.R. Dash, J.
Urgent certified copy of this
order be granted as per rules.
By order.
2
2 issues framed by the court
Whether the bail application deserves immediate disposal or may be disposed of on surrender to ensure fair consideration of parity grounds.
Whether the higher forum shall consider the bail application on the same day if rejected by the lower court.
1 provisions across 1 enactments
Petitioner
C.R. Dash
As recorded by the court registry
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