The High Court directed the lower court to consider and dispose of the petitioner's bail application on the same day if he surrenders within six weeks, allowing an appeal to the next higher forum if rejected.
Directed lower court to dispose bail application same day upon surrender within six weeks.
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ABLAPL No.13064 of 2019
The petitioner in this case having been implicated in Bahalda P.S. Case No.49 of 2019 corresponding to G.R. Case No.390 of 2019, pending in court of the learned S.D.J.M., Rairangpur for alleged commission of offences punishable under Sections 52(a) and 62 of the Odisha Excise Act and Sections 272 and 273/34 of I.P.C., has filed this petition for his release on pre-arrest bail.
Learned counsel for the petitioner during course of argument submits that he does not want to press this petition for pre-arrest bail as the petitioner intends to surrender and moves for bail before the Court below. However, he submits to direct the Court below to dispose of the bail application of the petitioner on the same day.
Considering the submission made, it is observed that if the petitioner surrenders in the aforesaid case in the first hour before the court of learned S.D.J.M., Rairangpur within six weeks’ hence and makes a motion for bail, the learned S.D.J.M. shall consider and dispose of the same in accordance with law during the first hour. In case of rejection of the bail application, the petitioner may move for bail before the next higher forum in the second hour and in that event, the bail application of the petitioner shall be considered and disposed of by the higher forum in accordance with law
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on the same day, if there is no other legal impediment.
It is made clear that this Court has expressed no opinion on the merit of the case.
Records shall be transmitted to the higher forum. Cost, if any, shall be paid by the petitioner.
The ABLAPL is accordingly disposed of.
Issue urgent certified copy of this order as per rules.
…………………
S.Pujahari, J.
MRS
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2 issues framed by the court
Whether to direct the lower court to dispose of the bail application on the same day if the petitioner surrenders.
How to proceed regarding bail application if rejected by the lower court.
2 provisions across 2 enactments
Petitioner
State
S.Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
