Nirmal Kumar Singh v. State of Odisha

ABLAPL NO.6578 of 2018

1. 11.05.2018

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., Barbil, in G.R. Case No.567 of 2017 corresponding to Barbil P.S. Case No.171 of 2017 within fifteen (15) days from reopening of the Court after the ensuing Summer vacation. 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., Barbil, 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., Barbil is directed to transmit the case record of the petitioner to the higher forum in the second hour at the cost of the petitioner 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.