The High Court refused to grant anticipatory bail under Section 438 CrPC but directed the petitioner to surrender within two weeks so his bail application can be heard by this court in the next court session at the earliest.
The petitioner directed to surrender within two weeks so bail application can be considered on merits.
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ABLAPL No. 11708 OF 2017
Heard learned counsel for the petitioner and learned counsel for the State.
Considering the submissions made and viewing the materials on record as also other surrounding circumstances, while being not inclined to grant anticipatory bail to this petitioner, this application is disposed of with the observation that in the event the petitioner surrenders before the court in seisin of the case within two weeks hence and moves for his release on bail, the same shall be considered on its own merit and disposed of in accordance with law, during the first hour so as to enable the petitioner to approach the next higher forum during the second half of the day, in case necessity so arises.
The case record be transmitted at the cost of the petitioner.
The ABLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
……………………..
D. Dash, J.
2 issues framed by the court
Whether to grant anticipatory bail under Section 438 CrPC in a case involving Section 436 IPC.
Whether the court should direct surrender of the petitioner to consider bail application subsequently.
2 provisions across 2 enactments
The Petitioner
The State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
