Granted time-limited permission for petitioner to surrender to lower court for pre-arrest bail application and escalate to higher forum if rejected, directing disposal within same day.
Petitioner granted six weeks to surrender for pre-arrest bail; higher forum directed to consider application same day if rejected.
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ABLAPL No.15709 of 2019
Heard, learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehending his arrest in G.R. Case No.249 of 2019 arising out of SOSO P.S. Case No.51 of 2019 corresponding to G.R. Case No.249 of 2019, pending in the court of learned SDJM, Anandapur for alleged commission of offence punishable under Section 392 of IPC has filed this petition for his release on pre-arrest bail.
Learned counsel for the petitioner during course of hearing 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 SDJM, Anandapur within six weeks’ hence and makes a motion for bail, the learned SDJM, Anandapur 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 impediment.
Case Diary be made available to the court concerned, if a copy of this order is given to the I.O. through
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registered post with A.D. by the petitioner indicating the date of surrender.
Records shall be transmitted to the higher forum. Cost, if any, shall be paid by the petitioner.
It is made clear that no further extension of time with regard to surrender of the petitioner shall be granted in any circumstances.
The ABLAPL is, accordingly, disposed of.
Urgent certified copy of the order be granted on proper application.
…………………..
S.Pujahari, J.
RKS
Petitioner
State
S. Pujahari
As recorded by the court registry
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