Dismissed

Chaitanya Bariha v. State of Odisha

Orissa HC6 Sept 2021ABLAPL/10201/2021

Case brief

AI extract

What is this about?

Petitioner filed ABLAPL seeking pre-arrest bail in a case involving Section 307 and 326 IPC. Court directed lower courts to dispose of the bail petition same day upon surrender, clarifying no protection from arrest until surrender date, and disposed of the writ petition.

What did the court decide?

Directed lower court to dispose of bail petition same day on surrender; no protection from arrest until surrender; case disposed.

Chaitanya Bariha Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.10201 of 2021

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Chaitanya Bariha

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Petitioner

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-versus-

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State of Odisha

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…. Opposite Party

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CORAM: JUSTICE S. PUJAHARI

ORDER

Order No.

06.09.2021

This matter is taken up through hybrid mode.

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The Petitioner apprehending his arrest in Gaisilat P.S. Case No.0109 of 2021, corresponding to G.R. Case No.566 of 2021, pending in the Court of S.D.J.M., Padampur, registered for alleged commission of offences punishable under Sections 307, 326 read with Section 34 of the I.P.C., has filed this petition for his release on pre-arrest bail.

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Heard the learned counsel for the Petitioner and the 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 prearrest 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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// 2 //

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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 S.D.J.M., Padampur and makes a motion for bail, the learned S.D.J.M., Padampur shall consider and dispose of the same in accordance with law during the first hour. In case of rejection of 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. Case Diary be made available to the Court on the date of surrender, if intimated to the I.O. concerned.

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Records shall be transmitted to the higher forum. Cost, if any, shall be paid by the Petitioner.

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However, the aforesaid order should not be construed as a protection from arrest till the date of surrender.

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The ABLAPL is, accordingly, disposed of.

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

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(S. Pujahari) Judge

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Chaitanya Bariha v. State of Odisha

Case brief

What is this about?

What did the court decide?

Chaitanya Bariha v. State of Odisha

Case brief

What is this about?

What did the court decide?

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