Partly allowed

Dama Guru v. State of Orissa

Orissa HC10 May 2018ABLAPL/1015/2018

Case brief

AI extract

What is this about?

Application for anticipatory bail under Section 438 Cr.P.C. dismissed for petitioner no.2 and no.3 as not pressed. For petitioner no.1, direction to surrender to lower court and指引过程 to seek bail, with instructions for expedited disposal by higher court if rejected.

What did the court decide?

Application dismissed for two petitioners as not pressed; petitioner one directed to surrender for bail consideration.

Dama Guru Vs State of Orissa — Bail and Remand | Orissa HC (2018)

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ABLAPL No. 1015 of 2018

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10.05.2018 Heard learned counsel for the petitioners and

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learned Additional Standing Counsel for the State.

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This is an application under Section 438 Cr.P.C. for anticipatory bail.

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Learned counsel for the petitioners does not want to press the application for anticipatory bail, so far as petitioner no.2-Saraswati Guru @ Sara and Petitioner No.3-Lovasini Behura @ Guru, @ Ankita Guru are concerned. Accordingly, the present anticipatory bail application in respect of petitioner no.2-Saraswati Guru @ Sara and Petitioner No.3Lovasini Behura @ Guru, @ Ankita Guru is dismissed as not pressed.

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So far as petitioner no.1-Dama Guru is concerned, taking into consideration the facts and submissions, this ABLAPL is disposed of with the observation that the petitioner no.1-Dama Guru, if so advised, may surrender before the learned J.M.F.C., Salipur, in connection with Nemalo P.S. Case No. 03 of 2018 corresponding to G.R. Case No. 17 of 2018 within 15 (fifteen) days of reopening of the Court after the ensuing Summer Vacation. In the event of his surrender and motion for bail, the application for bail shall be considered by the learned J.M.F.C., Salipur on merit in accordance with law, in the first hour of the day. In the event of

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rejection of the prayer for bail by learned J.M.F.C., Salipur, the petitioner is at liberty to move the higher forum for bail in the second hour 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 of the petitioner, and learned J.M.F.C., Salipur is directed to transmit the case record at the cost of the petitioner to the higher forum in the second hour, in the event of rejection of the bail application by him.

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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 bail application.

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The ABLAPL is accordingly disposed of.

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Urgent certified copy of this order be granted as per rules.

………………………….

Balaram

Dama Guru v. State of Orissa

Case brief

What is this about?

What did the court decide?

Dama Guru v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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