Disposed

Rama Chandra Biswal v. State of Odisha

Orissa HC12 Nov 2021ABLAPL/121/2020

Case brief

AI extract

What is this about?

ABLAPL disposed of. Court directed J.M.F.C. and higher forum to hear and dispose of pre-arrest bail applications on the same day if petitioners surrender in the first hour, without offering protection from arrest until surrender.

What did the court decide?

Directed courts below to dispose of bail application on the same day of surrender if petitioners appear in the first hour. Interim order dated 24.01.2020 vacated.

Rama Chandra Biswal 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.121 of 2020

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Rama Chandra Biswal and another …. Petitioners

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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.

12.11.2021

This matter is taken up through hybrid mode.

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The Petitioners apprehending their arrest in Nimapara P.S. Case No.335 of 2019, corresponding to G.R. Case No.792 of 2019, pending in the Court of J.M.F.C., Nimapara, registered for alleged commission of offences punishable under Sections 341, 323, 307 read with Section 34 of the I.P.C., have filed this petition for their release on pre-arrest bail.

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Heard the learned counsel for the Petitioners and the learned counsel for the State.

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Learned counsel for the Petitioners 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 Petitioners intend 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 Petitioners on the same day.

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Considering the submission made, it is observed that if the Petitioners surrender in the aforesaid case in the first hour before the court of J.M.F.C., Nimapara and make a motion for bail, the learned J.M.F.C.,

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Nimapara 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 legal impediment. Release of the coaccused, if any, be addressed in proper perspective. 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 Petitioners.

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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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Interim order dated 24^th January, 2020 passed by this Court stands vacated.

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The ABLAPL is, accordingly, disposed of.

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A free copy of this order be handed over to the learned counsel for the State for its communication to the concerned Police Station.

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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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Rama Chandra Biswal v. State of Odisha

Case brief

What is this about?

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Rama Chandra Biswal v. State of Odisha

Case brief

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