Allowed

Bini Mallik v. State of Odisha

Orissa HC15 Mar 2021ABLAPL/1954/2021

Case brief

AI extract

What is this about?

This bail petition concerns appellants facing arrest in a new RIPS case for IPC 307 after earlier bail owing to IPC 307. The Single Judge directions immediate bail disposal by concerned court and transmission of records to higher forum.

What did the court decide?

Release on bail conditional on surrender; SDJM to dispose bail request within first hour; higher forum to act in second hour if denied; records to be transmitted.

Bini Mallik Vs State of Odisha — Anticipatory Bail | Orissa HC (2021)

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ABLAPL No.1954 of 2021

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15.3.2021

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

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The petitioner apprehending their arrest in G.R. Case No.09 of 2019 arising out of Banki P.S Case No.04 of 2019 pending in the court of learned S.D.J.M., Banki registered for alleged commission of offence punishable under Sections 341/ 294/ 323/ 324/ 325/ 354/ 307/ 506/34 IPC have filed this petition for their release on prearrest bail.

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It is submitted by the learned counsel for the petitioners that the petitioners were already released on pre-arrest bail pursuant to the order of this Court passed in ABLAPL Nos.1190 and 1707 of 2019, but since a new higher offence under Section 307 of IPC was added, they have come to this Court by filing this petition for their release on pre-arrest bail.

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Considering the law laid down by the apex Court in the case of Pradeep Ram v. The State of Jharkhand & Anr. vide Criminal Appeal Nos.816-817 of 2019 (2019

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SCC OnLine SC 825) , this Court directs that if the petitioners surrender before the learned S.D.J.M., Banki and make a motion for bail, the learned S.D.J.M. 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 dealt with and disposed of by the higher forum on the same day

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taking note of the fact that they were earlier released on pre-arrest bail in the aforesaid case, but for addition of higher offence, they have been indicted in this case and release of co-accused similarly situated, if any.

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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 petitioners indicating the date of surrender.

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Records shall be transmitted to the higher forum without awaiting the order of the higher forum by Special Messenger, if the petitioners make a request in this regard. Cost, if any, shall be paid by the petitioners.

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

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……………………..

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S.Pujahari, J.

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PKS

Bini Mallik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bini Mallik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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