The High Court directed the lower court to dispose of the petitioner's bail application on the same day if he surrenders within six weeks. The Court expressed no opinion on the merits.
Direction to the lower court to dispose of the bail application on the same day if the petitioner surrenders within six weeks.
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ABLAPL NO.15236 OF 2019
04 06.12.2019 Heard learned counsel for the petitioner and learned counsel for the State.
It appears from the record that the petitioner has been implicated in Baripada Town P.S. Case No.217 of 2019 corresponding to G.R. Case No.810 of 2019 pending in court of the learned S.D.J.M., Baripada for alleged commission of offences punishable under Sections 364(A)/506/34 of I.P.C. has filed this petition for his release on pre-arrest bail.
Learned counsel for the petitioner during the course of argument submits that he does not want to press this petition for pre-arrest bail as the petitioner intends to surrender and move 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., Baripada within six weeks’ hence and make a motion for bail, the learned S.D.J.M., Baripada 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 on the same day, if there is no other legal impediment. Release of the co-accused, if any, be addressed in proper perspective.
It is made clear that this Court has expressed no opinion on the merit of the case. It is further made clear that no further extension of the aforesaid period of surrender of the petitioner shall be given in any circumstances.
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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.
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1 issue framed by the court
Whether the petitioner can be directed to surrender and approach the lower court for bail within six weeks.
Petitioner
State
S. Pujahari
As recorded by the court registry
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