Trilochan Sethi v. State of Orissa
Case brief
What is this about?
Petition for anticipatory bail rejected. Court directed that if petitioner surrenders in a related case, the jurisdictional Magistrate must dispose of bail application within the first hour to facilitate immediate appeal to the higher forum. The bench emphasized comparing the petitioner's position with co-accused already released.
What did the court decide?
Anticipatory bail rejected; directed surrender in related case with mandatory first-hour disposal for appeal facility.
What the court decided
ABLAPL No. 17744 of 2017
1
- 27.11.2018
Heard learned counsel for the petitioner and learned counsel for the State, and also perused the Case Diary.
The prayer for anticipatory bail is rejected.
However, considering the submission of learned counsel for the petitioner that other co-accused persons similarly situated have already been released on bail in the meantime, and in view of the nature of allegations made against the petitioner, it is directed that in the event the petitioner surrenders before the learned S.D.J.M., Baripada in G.R. Case No. 899 of 2017 arising out of Rasgovindpur P.S. Case No.94 of 2017, and moves for bail, the same shall be disposed of in the first hour so as to enable him to move the higher forum on the same day in the event of rejection. In such eventuality, case diary be made available and records, if necessary, be transmitted at the cost of the petitioner to the higher forum.
It is needless to say that learned court below, while considering the bail application of the petitioner, shall see whether the petitioner stand on the similar footing as the other co-accused persons, who have been released on bail, and pass necessary orders in accordance with law.
The ABLAPL is disposed of.
Issue urgent certified copy as per rules.
Issues for consideration
2 issues framed by the court
Whether the petition for anticipatory bail should be allowed or rejected.
Whether the petitioner should surrender and seek regular bail under specific directions.
Parties & counsel
- petitioner
Ajaya
- respondent
State
Coram
Dr. B.R. Sarangi
Case details
As recorded by the court registry
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