Application for anticipatory bail allowed with liberty to surrender. Petitioner directed to surrender before JMFC within 21 days to seek bail on merit; higher forum to dispose same day if rejected. Urgent certified copy granted.
Liberty to move higher forum for bail on same day if rejected by JMFC. Directed to surrender within 21 days.
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ABLAPL No. 4027 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.
In view of nature of offences, this ABLAPL is disposed of with the observation that the petitioner, if so advised, may surrender before the learned JMFC, Kabisuryanagar in G.R. Case No. 420 of 2014 within 21 (twenty one) days from today, and in the event of his surrender and motion for bail, the application for bail shall be considered by the learned JMFC, Kabisuryanagar 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 JMFC, Kabisuryanagar, the petitioner is at liberty to move the higher forum for bail 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, and learned JMFC, Kabisuryanagar 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.
2
Ground of parity, if any, may be considered by the learned Courts 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.
………………………….
C.R. Dash, J.
Dhal
3
2 issues framed by the court
Whether to grant anticipatory bail without strict requirements.
Whether to direct surrender and expedited disposal by lower forum.
1 provisions across 1 enactments
Unidentified Petitioner
The State
C.R. DASH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
