High Court disposed an application for anticipatory bail by declining to grant it. It allowed petitioners to apply for regular bail within 15 days of surrender, stating such applications would be decided on merits without influence from this order.
Application dismissed; conditional order for separate bail application within 15 days of surrender.
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ABLAPL No.9271 of 2018
05. 20.11.2018
The petitioners having been implicated in G.R. Case No.267 of 2018 arising out of Paralakhemundi P.S. Case No.112 of 2018 registered for alleged commission of offence under sections 341/323/294/506/307/354/120-B/34 IPC read with sections 25 & 27 of Arms Act pending in the court of learned Dist. and Sessions Judge, Paralakhemundi have filed this application for grant of anticipatory bail.
Heard learned counsel for the petitioners and learned counsel for the State.
Considering the submissions and viewing the materials on record as also other surrounding circumstances, while being not inclined to grant of anticipatory bail to the petitioners, it is observed that in the event the petitioners surrender before the court in seisin of the case within a period of fifteen days hence and move for their release on bail, the same shall be considered on its own merit and disposed of in accordance with law without being influenced by this order during the first hour so as to enable the petitioners to approach the next higher forum during course of the day, in case, necessity, so arises. The case records be made available at the cost of the petitioners.
The ABLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
…………………….. D. Dash, J.
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners implicated in sections 341/323/294/506/307/354/120-B/34 IPC read with Arms Act.
Whether petitioners should be granted conditions to approach the next higher forum via bail application.
petitioners
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
