Rejected the plea for anticipatory bail, but conditioned the dismissal on surrendering within 15 days to seek release, ensuring no prejudice to the petitioner's right to approach the next higher authority.
Petitioner directed to surrender within 15 days and move for bail; subsequently disposed of on merits; case records made available at petitioner's cost.
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ABLAPL No.13063 OF 2018
Considering the submissions made and keeping in view the nature of accusations, as also the surrounding circumstances; while being not inclined to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders in the court in seisin of the case in connection with Sahadevkhunta P.S. Case No.242 of 2018 corresponding to C.T. Case No.1904 of 2018 on the file of learned S.D.J.M., Balasore within 15 days hence and moves for his release on bail, the same shall be considered on its own merit and disposed of in accordance with law without being influenced by this order during the first hour so as to enable the petitioner to approach the next higher forum during the course of the day in case necessity so arises. The case records be made available at the cost of the petitioner.
The ABLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
D. Dash, J.
Basu
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC?
Whether the bail petition should be disposed of without enabling the petitioner to approach the higher forum?
Basu
The State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
