Arjun Parida v. State of Odisha
Case brief
What is this about?
The High Court dismissed the petition for pre-arrest bail, directing the petitioner to surrender before the trial court within four weeks. If the trial court rejects bail, the petitioner can move the higher forum for immediate disposal on the same day. The Court expressed no opinion on the case's merits.
What did the court decide?
The petition was disposed of; petitioner directed to surrender within four weeks for bail consideration by the lower court.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ABLAPL No.5051 of 2019
- 12.04.2019 The petitioner in this case having been implicated in Balugaon P.S. Case No.81 of 2018 corresponding to G.R. Case No.228 of 2018, pending in court of the learned J.M.F.C., Banpur for alleged commission of offences punishable under Sections 370, 420/34 of I.P.C., has filed this petition for his release on pre-arrest bail.
Heard learned counsel for the petitioner and learned Counsel for the State.
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 J.M.F.C., Banpur within four weeks’ hence and makes a motion for bail, the learned J.M.F.C. 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.
2
It is submitted that the co-accused has been released on bail. If that be so, while considering the prayer for bail of the petitioner, the Courts below shall address the same in proper perspective.
Issues for consideration
1 issue framed by the court
Whether to direct the trial court to dismiss the petition and dispose of the bail application on the same day if the petitioner surrenders.
Parties & counsel
- petitioner
Petitioner
- respondent
State
Coram
S.Pujahari
Case details
As recorded by the court registry
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