Dismissed

Rajendra Mohanta @ Hari v. State of Odisha

Orissa HC6 Dec 2019ABLAPL/16032/2019

Case brief

AI extract

What is this about?

The High Court ordered the petitioner, who was in pre-arrest bail proceedings, to surrender before the lower court within six weeks to ensure the bail application is decided on the same day. The court reserved its opinion on merits and directed records to the higher forum if the application is rejected.

What did the court decide?

Writ disposed of; petitioner directed to surrender; bail application to be disposed of same day; no opinion on merits expressed.

Rajendra Mohanta @ Hari Vs State of Odisha — Bail and Remand | Orissa HC (2019)

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ABLAPL NO.16032 OF 2019

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03 06.12.2019 Heard learned counsel for the petitioner and learned counsel for the State.

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It appears from the record that the petitioner has been implicated in P.R. No.65/ 2018-19 corresponding to 2(a) C.C. Case No.196 of 2018 pending in court of the learned J.M.F.C., Betnoti for alleged commission of offence punishable under Section 52(a) of Odisha Excise Act has filed this petition for his release on pre-arrest bail.

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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.

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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 J.M.F.C., Betnoti within six weeks’ hence and make a motion for bail, the learned J.M.F.C., Betnoti 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 coaccused, if any, be addressed in proper perspective.

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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.

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…………………… S.Pujahari, J.

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Rajendra Mohanta @ Hari v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rajendra Mohanta @ Hari v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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