Raghunath Sahu v. State of Orissa

 ABLAPL No.5505 of 2017

09.05.2017 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 in the meant
ime, and the present petitioners bail application be expeditiously disposed of on the same day
, on his surrendering before the learned Court below.
 In view of such submission, this ABLAPL is disposed of with the observation that, th
e petitioner, if so advised, may surrender before the learned S.D.J.M., Balasore in C.T. Case
No.951 of 2015 corresponding to Remuna P.S. Case No.65 of 2015, within 15 (fifteen) days from
today, and in the event of his surrender and motion for bail, the application for bail shall b
e considered by the learned S.D.J.M. on merit in accordance with law, in the first hour of the
 day. In the event of rejection of the prayer for bail by learned S.D.J.M., 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 acco
rdance with law. In that event the Case Diary be made available to the concerned courts to fa
cilitate disposal of the bail application, and learned S.D.J.M., Balasore is directed to trans
mit the case record to the higher forum in the second hour, in the event of rejection of the b
ail application by him. Ground of parity, if canvassed by the learned counsel for the petitio
ner, shall be taken into consideration by the learned courts below while disposing the bail ap
plication of the petitioner.
 The ABLAPL is accordingly disposed of.

 Urgent certified copy of this

 order be granted as per rules.

 By order.