Disposed

Rabindra Tamsai v. State of Odisha

Orissa HC14 Jan 2020CRLMC/2782/2019

Case brief

AI extract

What is this about?

The court declined to interfere with the impugned order issuing an NBW for an absconder. Instead, directives were issued that upon the petitioner's surrender within four weeks, the trial court must hear the bail application first thing that day; if rejected, the higher forum shall dispose of it immediately on merit.

What did the court decide?

The CRLMC was disposed of; the petitioner was directed to move for bail in the first hour of the day after surrendering within four weeks, with the higher forum to dispose of it immediately if rejecte

Rabindra Tamsai Vs State of Odisha — Bail and Remand | Orissa HC (2020)

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CRLMC No. 2782 of 2019

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14.01.2020

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This application under Section 482 Cr.P.C. has been made with a prayer to quash the impugned order dated 1.12.2010 passed by the learned JMFC, Jajpur Road in G.R. Case No. 594 of 2008 wherein the NBW was issued against the accused-petitioner for being shown as an absconder in the Charge-sheet.

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Heard learned counsel for the petitioner and learned Addl. Standing Counsel.

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Learned counsel for the petitioner submits that on the date of “Bharat Band”, for the overt act as alleged and attributed this case was filed and the matter was not within the notice of the accused-petitioner for which he could not earlier move to seek bail in the court.

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Regard being had to the above contention, I feel it proper not to interfere in the impugned order. Keeping the observation of the Hon’ble Supreme Court in the case of Hussain & Anr. Vrs. Union of India ; reported in (2017) 67 OCR (SC) 1, it is felt proper to direct that in the event of surrender of the accused-petitioner before the learned JMFC, Jajpur Road, in G.R. Case No.594 of 2008 within four weeks from today and motion for bail, the application for bail shall be considered by the learned JMFC, Jajpur Road on merit in accordance with law, in the first hour of the day. In case of rejection of the prayer for bail by learned JMFC, Jajpur Road, the petitioner is at liberty to move higher forum for bail on the same day. On being so moved, the higher forum shall dispose of the bail application of the petitioner on merit in accordance with law maintaining parity with co-accused persons. In that

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Dhal

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event, the lower court record be made available to the concerned court to facilitate disposal of the bail application and learned JMFC, Jajpur Road is directed to transmit the case record to the higher forum.

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The CRLMC is accordingly disposed of.

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Urgent certified copy of this order be granted as per rules.

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Dr. A.K. Mishra, J.

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Rabindra Tamsai v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rabindra Tamsai v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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