Application for anticipatory bail disposed of with directions to surrender within 15 days. If bail is denied by court below, higher forum to consider it same day with case diary.
Petitioner directed to surrender within 15 days; if bail denied by trial court, higher forum to reconsider same day.
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ABLAPL No. 2198 of 2018
Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.
This is an application under Section 438 Cr.P.C. for anticipatory bail.
Taking into consideration the facts and submissions, this ABLAPL is disposed of with the observation that the petitioner, if so advised, may surrender before the learned S.D.J.M., Bhadrak, in connection with Bhandaripokhari P.S. Case No. 11 of 2018 corresponding to G.R. Case No.164 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 S.D.J.M., Bhadrak on merit in accordance with law, in the first hour of the day. In the event of rejection of the prayer for bail by learned S.D.J.M., Bhadrak, 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
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learned S.D.J.M., Bhadrak is directed to transmit the case record to the higher forum in the second hour, in the event of rejection of the bail application by him.
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.
The ABLAPL is accordingly disposed of. Urgent certified copy of this order be granted as per rules.
………………………….
Balaram
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1 issue framed by the court
Whether to grant anticipatory bail under Section 438 Cr.P.C. in connection with the underlying criminal case pending in the Sessions Court.
1 provisions across 1 enactments
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
