Single judge disposed of anticipatory bail application without interim bail, ordering surrender before S.D.J.M. Jeypore to seek bail on merit in the first hour post-vacation.
Direction to surrender to seek bail on merit; no interim bail granted.
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ABLAPL No. 4705 of 2017
03. 12.05.2017 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.
In view of the nature of offence, this ABLAPL is disposed of with the
observation that the petitioner, if so advised, may surrender before the learned S.D.J.M., Jey
pore in G.R. Case No.590 of 2016 within 7 (seven) days from the date of reopening of the Court
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., Jeypore on merit in accorda
nce with law, in the first hour of the day. In the event of rejection of the prayer for bail b
y learned S.D.J.M., Jeypore, 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 th
e 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 le
arned S.D.J.M., Jeypore is directed to transmit the case record to the higher forum in the sec
ond 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.
C.R. Dash, J.
Balaram
3
1 issue framed by the court
Whether to grant anticipatory bail under Section 438 Cr.P.C.
1 provisions across 1 enactments
Balaram
The State
C.R. Dash
As recorded by the court registry
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