Disposed

Mitu Behera@ Bijay Kumar Behera v. State of Odisha

Orissa HC1 Nov 2021ABLAPL/12838/2021

Case brief

AI extract

What is this about?

Petitioner filed a pre-arrest bail petition but intended to surrender. Court directed effective timeline for Sessions Court to dispose bail and higher forum to expedite if rejected, noting earlier order does not pre-arrest protection.

What did the court decide?

Directed Sessions Court to dispose bail within one hour of surrender; higher forum to dispose in second hour if rejected.

Mitu Behera@ Bijay Kumar Behera 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.12838 of 2021

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…. Mitu Behera @ Bijay Kumar Behera

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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 No.

ORDER 01.11.2021

This matter is taken up through Hybrid mode.

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

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The Petitioner apprehending his arrest in G.R. Case No.433 of 2020 arising out of Nayagarh P.S Case No.135 of 2020 pending on the file of learned Sessions Court, Nayagarh, registered for alleged commission of offence punishable under Sections 302, 120(B), 34 of I.P.C., has filed this petition for his release on prearrest bail.

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Learned counsel for the Petitioner during the course of hearing, submits that he does not want to press this petition for prearrest bail as the Petitioner intends to surrender and move for bail before the Court below. However, he submits to direct the Court

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// 2 //

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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 Sessions Court, Nayagarh, and makes a motion for bail, learned Sessions Court, Nayagarh, 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. Records shall be transmitted to the higher forum. Cost, if any, shall be paid by the Petitioner. Release of the co-accused, if any, shall be addressed in proper perspective.

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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.

(S. Pujahari)

Judge

MRS/SKB

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Mitu Behera@ Bijay Kumar Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Mitu Behera@ Bijay Kumar Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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