Disposed

Laxman Das v. State of Odisha

Orissa HC8 Nov 2021ABLAPL/13259/2021

Case brief

AI extract

What is this about?

The petitioner requested that the lower court dispose of his bail application on the same day if he surrenders. The Court directed the lower court to consider the application within the first hour of the judicial session if surrender occurs, and the next forum to consider it in the second hour if rejected, subject to no legal impediment.

What did the court decide?

Direction to lower courts to dispose of bail application on the same day upon surrender in the first hour of the session.

Laxman Das Vs State of Odisha — Anticipatory Bail | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.13259 of 2021

Laxman Das

Petitioner

-versus-

State of Odisha

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…. Opposite Party

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CORAM:

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THE JUSTICE S.PUJAHARI

ORDER

Order

08.11.2021

No.

This matter is taken up through Hybrid mode.

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The Petitioner apprehending his arrest in Khandagiri P.S. Case No.312 of 2020, corresponding to C.T. Case No.2241 of 2020, pending in the court of S.D.J.M., Bhubaneswar registered for alleged commission of offences punishable under Sections 147/148/294/323/307/337/338/427/149 IPC read with Sections 3/4/5 of the Explosive Substances Act, 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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Page 1 of 3

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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., Bhubaneswar and makes a motion for bail, the learned S.D.J.M., Bhubaneswar 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. Release of the co-accused, if any, be addressed in proper perspective.

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Case Diary be made available to the court concerned, if a copy of this order is given to the I.O. through registered post with A.D. by the Petitioner indicating the date of surrender.

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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, 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 desired.

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The ABLAPL is, accordingly, disposed of.

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Urgent certified copy of this order be granted on proper

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application.

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(S. Pujahari) Judge

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// 3 //

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PKS

Laxman Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Laxman Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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