Disposed
Niranjan Jena@Tukuna v. State of Orissa
Orissa HCABLAPL/4227/2018
Case brief
from the order text
What is this about?
Heard. This is an application U/S. 438 Cr.…
What the court decided
AI extract
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ABLAPL NO.4227 of 2018
Heard.
This is an application U/S. 438 Cr. P.C. Taking into consideration the facts and
submissions, the ABLAPL is disposed of with the observation that, the petitioner, if so advised, may surrender before the learned S.D.J.M., Jajpur, in G.R. Case No.709(A) of 1995 corresponding to Binjharpur P.S. Case No.107 of 1995 within fifteen (15) days from today. In the event of his surrender and motion for bail, his application for bail shall be disposed of by the learned S.D.J.M., Jajpur, on merit in accordance with law in the first hour. In the event of rejection of prayer for bail, the petitioner is at liberty to move the higher forum in the second hour on the same day. If such application is filed by the petitioner in the higher forum on the same day, the same shall be disposed on the same day in accordance with law. In that event, the Case Diary be made available to the courts concerned to facilitate disposal of the bail application of the petitioner and the learned S.D.J.M., Jajpur is directed to transmit the case record of the petitioner 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 the 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.
Subha
Subha
C.R. Dash
As recorded by the court registry
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