Disposed

Bablu Sing v. State of Odisha

Orissa HC10 Sept 2020ABLAPL/9995/2020

Case brief

AI extract

What is this about?

This order allows a petitioner seeking pre-arrest bail to surrender for bail before the lower court first hour. If rejected, he can move the higher court in the second hour for same-day disposal without awaiting the lower court's order, provided records are sent immediately.

What did the court decide?

Directed that if petitioner surrenders in the first hour to the JMFC for bail, it must be disposed of on the same day; if rejected, petitioner can move higher forum in the second hour for same-day dis

Bablu Sing Vs State of Odisha — Bail and Remand | Orissa HC (2020)

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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI

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ABLAPL No.9995 of 2020

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Bablu Singh … Petitioner - Versus - State of Odisha … Opp. Party

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O R D E R

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10.09.2020 In the wake of the pandemic Covid-19, the case is taken up through V.C.

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The petitioner apprehending his arrest in Tarva P.S. Case No.80 of 2020, corresponding to G.R. Case No.79 of 2020, pending in the court of J.M.F.C., Tarva, registered for alleged commission of offences punishable under Sections 188, 269 and 270 of the I.P.C. read with Section 3 of the Epidemic Diseases Act, 1987, Section 52(a) of the Orissa Excise Act, 2008 and Sections 181, 192, 194(D) and 196 of the Motor Vehicles Act, 1988, has filed this petition for his release on pre-arrest bail.

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Heard, learned counsel for the petitioner and learned counsel for the State.

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Learned counsel for the petitioner during course of argument submits that he does not want to press this petition for pre-arrest bail. However, it is submitted that since the petitioner intends to surrender and move for bail before the court below, direction may be given to the courts below to dispose of the bail application of the petitioner on the same day.

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Considering the submission made, it is observed that if the petitioner surrenders in the aforesaid case in the first hour before the court of J.M.F.C., Tarva and makes a motion for bail, the learned J.M.F.C., Tarva shall consider and dispose of the same in accordance with law during the first hour. In case of rejection of

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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. Release of the co-accused, if any, be addressed in proper perspective.

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Records shall be transmitted to the higher forum by Special Messenger without awaiting the order of the higher forum, if the petitioner makes a motion before the learned J.M.F.C. on rejection of his prayer that he is going to make motion for bail before the higher forum during the second hour. Cost, if any, shall be paid by the petitioner.

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However, it is made clear that this order is not an impediment on the part of the police to proceed against the petitioner in accordance with law for his apprehension before he surrenders, if the police so desire.

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The ABLAPL is, accordingly, disposed of.

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Due to difficulties faced by the parties in getting the certified copies of this order and in view of the Court’s Notice No.4587 dated 25.03.2020, if a printout of the copy of this order from the website of the High Court is produced by the party duly attested by him to be the true copy, the same be treated at par with the certified copy and the direction be complied with.

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………………….. S.Pujahari, J.

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Bablu Sing v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bablu Sing v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

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