Disposed

Aurobinda @ Arabinda Mohapatra v. State of Orissa

Orissa HC24 Jun 2019CRLMC/460/2019

Case brief

AI extract

What is this about?

The single-judge court dismissed the application to quash the order of cognizance, inviting the petitioners to surrender and apply for bail within four weeks. The bail application had to be decided in advance of any quashment request, with no extension of the time limit.

What did the court decide?

Petitioners given time to surrender and apply for bail within four weeks; bail application to be prioritised in lower court.

Aurobinda @ Arabinda Mohapatra Vs State of Orissa — Bail and Remand | Orissa HC (2019)

¶1

CRLMC No.460 of 2019

¶2

04. 24.06.2019 Heard, the learned counsel for the petitioners and the learned counsel for the State.

¶3

This application under Section 482 of Cr.P.C. has been filed by the petitioners with a prayer to quash the order dated 30.03.1993 passed by the learned JMFC, Chandikhol in G.R. Case No.921 of 1992 taking cognizance for commission of offence under Sections 143 & 427 of IPC read with Section 7 of Crl.L.A. Act against the petitioners.

¶4

The petitioners have come to this Court for quashment of the impugned order of cognizance and during course of argument learned counsel for the petitioners submits that the petitioners do not want to press this application, but as the petitioners intend to surrender and move for bail before the court below, hence, he submits to direct the court below to dispose of the bail application of the petitioners on the same day.

¶5

Considering the submission made, I see no reasons to interfere with the order of cognizance. However, it is open to the petitioners to surrender and move for bail before the Court in seisin over the matter within four weeks’ hence and in that event, the Court in seisin over the matter shall do well to dispose of his bail application during first hour. In case of rejection of the bail application, the petitioners may move for bail before the next higher forum in the second hour and in that event, the bail application of the petitioners shall be considered and disposed of by the higher forum in accordance with

¶6

RKS

¶7

¶8

law on the same day, if there is no other legal impediment.

¶9

It is made clear that this Court has expressed no opinion on the merit of the case.

¶10

Records shall be transmitted to the higher forum in case of rejection of the prayer for bail by the learned JMFC, Chandikhol at the cost of the petitioners including the special messenger cost, if prayed for without awaiting the order of the higher forum. Till the aforesaid date, i.e., either the date of appearance before the trial court or on expiry of four weeks, whichever is earlier, the petitioners shall not be arrested.

¶11

It is made clear that no further extension of time with regard to the surrender of the petitioners shall be granted in any circumstances.

¶12

The CRLMC is accordingly, disposed of.

¶13

Urgent certified copy of this order be granted on proper application.

¶14

………………… S.Pujahari, J.

¶15

Aurobinda @ Arabinda Mohapatra v. State of Orissa

Case brief

What is this about?

What did the court decide?

Aurobinda @ Arabinda Mohapatra v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pradipta Pradhan Vs Manasi Pradhan

Okila Bhatta Vs State of Odisha

Baikuntha Charan Mohanty Vs State of Odisha

Kalandi Tripathy Vs State of Odisha

Ashok Jena Vs State of Odisha

Keshaba Behera Vs State of Odisha