Supreme Court directed Court below to dispose of pre-arrest bail application of petitioners implicately charged under POCSO and IPC sections same day, if they surrender within six weeks. Court expressed no opinion on merits.
Directed Court below to dispose of bail application same day if petitioners surrender within six weeks.
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ABLAPL No.2040 of 2019
03. 29.04.2019
The petitioners in this case having been implicated in Gop P.S. Case No.74 of 2015 corresponding to G.R. Case No.499 of 2015, pending in the Court of the learned J.M.F.C., Konark for alleged commission of offences punishable under Sections 366(A), 376(3) and 506/34 of I.P.C. and Section 6 of the Protection of Children from Sexual Offences Act, 2012, have filed this petition for their release on pre-arrest bail.
Heard the learned counsel for the petitioners and the
learned counsel for the State.
Learned counsel for the petitioners during the course of argument submits that he does not want to press this petition for pre-arrest bail as the petitioners intend 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 petitioners on the same day.
Considering the submission made, it is observed that if the petitioners surrender in the aforesaid case before the Court in seisin over the matter within six weeks’ hence and make a motion for bail, the Court concerned shall consider and dispose of the bail application of the petitioners in accordance with law 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. It is further made clear that no further extension of the aforesaid period of surrender of the petitioners shall be given in any circumstances.
The ABLAPL is, accordingly, disposed of.
Issue urgent certified copy as per rules.
…………………
S.Pujahari, J.
MRS
2
3
Petitioners
State
S. Pujahari
As recorded by the court registry
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