Disposed

Debendra Malik @ Gilua v. State of Odisha

Orissa HC22 Apr 2021ABLAPL/2461/2021

Case brief

AI extract

What is this about?

The High Court of Orissa directed the lower court to dispose of the petitioner's bail application on the same day if he surrenders in the first hour. The grant of bail is contingent upon the lower forum's decision. The petition was disposed of without overriding police powers.

What did the court decide?

Directed lower court to dispose of bail application in first hour upon surrender; second forum to consider bail in second hour if first is rejected.

Debendra Malik @ Gilua Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA, CUTTACK ABLAPL No.2461 of 2021

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Debendra Malik @ Gilua. … Petitioner.

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- Versus –

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State of Odisha. … Opp. Party.

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CORAM: HON’BLE SHRI JUSTICE S.PUJAHARI

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O R D E R

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22.04.2021 This matter is taken up by video conferencing mode.

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Heard, learned counsel for the petitioner and learned counsel for the State.

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The petitioner apprehending his arrest in Soro P.S. Case No.500 of 2018 corresponding to C.T. Case No.1012 of 2018 pending in the court of J.M.F.C., Soro, registered for alleged commission of offence punishable under Sections 498-A / 302/ 304-B / 34 of I.P.C, has filed this petition for his release on pre-arrest 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 pre-arrest 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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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 J.M.F.C., Soro and makes a motion for bail, the learned J.M.F.C., Soro 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.

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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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As the restrictions due to the COVID-19 situation are continuing, learned counsel for the

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parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25^th March, 2020.

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………………….. S. Pujahari, J.

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PKS/SKB

Debendra Malik @ Gilua v. State of Odisha

Case brief

What is this about?

What did the court decide?

Debendra Malik @ Gilua v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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