The High Court disposed of an ABLAPL petition, directing petitioners to surrender within seven days after the summer vacation. Interim bail was granted upon surrender pending the final hearing.
Directing surrender within 7 days and granting interim bail upon surrender pending disposal of bail application.
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ABLAPL No. 5746 of 2017
03. 17.05.2017 Heard learned counsel for the petitioners and
learned Additional Standing Counsel for the State.
In the light of the order passed by this Court in the case of Pramod Kumar Ra
y and others vrs. State of Odisha (ABLAPL No. 18056 of 2016, disposed of on dtd.10.05.2017), t
his ABLAPL is disposed of with the following observations.
The petitioners shall surrender before the learned Addl. Sessions Judge-cum- S
pecial Judge, Champua in Spl. G.R. Case No. 03 of 2017 within 7 (seven) days from the date of
re-opening of the Court after the ensuing Summer Vacation. The petitioners, if so desire, may
surrender before the learned Addl. Sessions Judge-cum- Special Judge, Champua, if the said Co
urt is in seisin over the matter during the Summer Vacation. Seven days before the petitioners
surrender before the said Court, they or their counsel shall serve a copy of the bail applica
tion or such number of copies of the bail application on the learned Public Prosecutor/ Specia
l Public Prosecutor, as required by him, for the purpose of notice to the victim or his/her de
pendent.
Taking into consideration the nature of the offence as alleged against the pet
itioners, it is directed that each of the petitioners shall be released on interim bail by the
learned Addl. Sessions Judge-cum- Special Judge, Champua on the same day they surrender in th
e aforesaid case, pending disposal of the bail application, on merit, at the time of final hea
ring of the case, on such terms and conditions as deemed just and proper, including the follow
ing conditions :-
(1) the petitioners shall appear before the I.O. once in a week on the day and time fixed by
the said I.O. till submission of Final Form or till commencement of trial, whichever deem fit
and proper by the Trial Court.
(2) the petitioners shall not threaten, induce or coerce any witness of this case or the vict
im or his/her dependent in any manner whatsoever; and
(3) the petitioners shall not involve themselves in similar or any other offence during cu
rrency of this order.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted as per rules.
Balaram .
C.R. Dash, J.
1 issue framed by the court
Whether to grant interim bail to petitioners pending the filing of bail application.
Colour shows how this judgement treated each authority
Pramod Kumar Ray and others vrs. State of OdishaFollowed¶3
Pramod Kumar Ray and others vrs. State of Odisha (ABLAPL No. 18056 of 2016, disposed of on dtd.10.05.2017)
Balaram
C.R. Dash
As recorded by the court registry
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