Disposed

Sukanta Gouda v. State of Odisha

Orissa HC4 Dec 2021ABLAPL/14698/2021

Case brief

AI extract

What is this about?

Petitioner sought pre-arrest bail fearing arrest in a G.R. case. Court directed that upon surrender, the lower court must dispose of the bail application within the first hour. Records must be transmitted to the higher forum if rejected then. Police may proceed with apprehension.

What did the court decide?

Order directed lower court to dispose of bail application in first hour of surrender; higher forum to consider in second hour if rejected; records to be transmitted to higher forum.

Sukanta Gouda Vs State of Odisha — Anticipatory Bail | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.14698 of 2021

Sukanta Gouda

…. Petitioner

-versus-

State of Odisha

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…. Opposite Party

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CORAM: JUSTICE S.PUJAHARI

ORDER

04.12.2021

Order No.

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.416 of 2020 arising out of Baipariguda P.S Case No.72 of 2020 pending on the file of learned S.D.J.M., Jeypore, registered for alleged commission of offence punishable under Sections 399 / 402 of I.P.C and Section 25 (1-B)(b) of the Arms Act, 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 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

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court of S.D.J.M., Jeypore, and makes a motion for bail, learned S.D.J.M., Jeypore, 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, shall 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 their apprehension before he surrender, 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 application.

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(S. Pujahari)

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SKB Judge

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Sukanta Gouda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sukanta Gouda v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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