Disposed

Kanhu Marandi v. State of Orissa

Orissa HC15 Oct 2020ABLAPL/8653/2020

Case brief

AI extract

What is this about?

This judgment is a procedural order heard via Video Conferencing due to COVID-19 lockdown. The court disposed of an anticipatory bail application by directing the petitioner to surrender within 15 days to the lower court, with a procedure for immediate hearing and disposal by a higher forum if bail is rejected.

What did the court decide?

Directed the petitioner to surrender within 15 days to the J.M.F.C., Betnoti, with a provision for immediate hearing on the same day before a higher forum if the initial bail application is rejected.

Kanhu Marandi Vs State of Orissa — Orissa HC (2020) — LawSathi Research

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ABLAPL No.8653 of 2020

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15.10.2020 As the Lock-down period for COVID-19 is continuing, this matter is taken up through Video Conferencing in Court.

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Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

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This is an application under Section 438

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Cr.P.C.

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Taking into consideration the facts and submissions, this ABLAPL is disposed of with the observation that the petitioner no.1, if so advised, may surrender before the learned J.M.F.C., Betnoti in connection with Betnoti P.S. Case No.164 of 2020 corresponding to C.T. Case No.417 of 2020 within 15 (fifteen) days from today. In the event of his surrender and motion for bail, the application for bail shall be considered by the learned J.M.F.C., Betnoti on merit in accordance with law, in the first hour of the day. In the event of rejection of the prayer for bail by learned J.M.F.C., Betnoti, the petitioner no.1 is at liberty to move the higher forum for bail in the second hour on the same day. On being so moved, the higher forum shall dispose of the bail application of the petitioner no.1on the same day on merit in accordance with law. In that event,

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the Case Diary be made available to the concerned court to facilitate disposal of the bail application of the petitioner no.1, and learned J.M.F.C., Betnoti is directed to transmit the case record to the higher forum in the second hour at the cost of the petitioner no.1, in the event of rejection of the bail application by him.

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Ground of parity, if any, may be considered by the learned Court below on same being canvassed by learned counsel for the petitioner at the time of consideration of the bail application.

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The ABLAPL is accordingly disposed of.

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As Lock-down period is continuing for COVID-19, learned counsel for the petitioner may utilize the soft copy of this order available in the High Court’s official website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.

………………………….

C.R. Dash, J.

Murmu

Kanhu Marandi v. State of Orissa

Case brief

What is this about?

What did the court decide?

Kanhu Marandi v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Coram

Case details

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