Dismissed
Hiranya Kumar Mallick @ Hiranya Mallik v. State of Orissa
Orissa HCCRLMC/498/2019
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Heard, the learned counsel for the…
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CRLMC No.498 of 2019
Heard, the learned counsel for the petitioners and the learned counsel for the State.
This is an application under Section 482 of Cr.P.C. has been filed by the petitioners with a prayer to quash the order dated 28.08.2018 passed by the learned J.M.F.C., Chandikhol in 1.C.C. No.31 of 2018, taking cognizance of the offence under Sections 147/ 148/ 323/ 325/ 326/ 307/ 354/506/149 of I.P.C.
Learned counsel for the petitioners during course of argument submits that the petitioners do not want to press this application, but 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.
Considering the submission made, this CRLMC stands dismissed as not pressed. However, it is observed that if the petitioners surrender in the aforesaid case in the first hour before the court of learned J.M.F.C., Chandikhol within four weeks hence and makes a motion for bail, the learned J.M.F.C., Chandikhol shall consider and dispose of the same in accordance with law during the 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 law on the same day, if there is no other impediment.
It is made clear that this court has expressed no opinion on the merit of the case.
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Records shall be transmitted to the higher forum without awaiting the order of the higher forum by Special Messenger, if the petitioners make a motion before the learned J.M.F.C. on rejection of their prayer that they are going to make motion for bail before the higher forum during the second hour. Cost, if any, shall be paid by the petitioners.
It is made clear that no further extension of time with regard to surrender of the petitioners shall be granted in any circumstances.
The CRLMC is, accordingly, disposed of.
Urgent certified copy of the order be granted on proper application.
………………….. S.Pujahari, J.
DA
S. Pujahari
As recorded by the court registry
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