The single-judge High Court disposed of an application for anticipatory bail under section 438 Cr.P.C. The court declined to grant bail but directed that if the petitioners surrender, their bail application shall be considered on the same day.
Application disposed with observation that bail will be considered if petitioners surrender on the same day.
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ABLAPL NO.2513 OF 2019
The matter is taken up through video conferencing mode. The Petitioners having been implicated in Kanas P.S. Case No.159 of 2018 corresponding to G.R. Case No.2473 of 2018 on the file of learned S.D.J.M., Puri for alleged commission of offence under section 498-A/304-B/302/34 of the IPC, have filed this application under section 438 of the Cr.P.C. for their release on bail in the event of their arrest in the said case.
Heard learned counsel for the Petitioners and learned counsel for the State.
Considering the submissions made and on going through the materials as placed as also taking into account the surrounding circumstances, while being not inclined to consider the prayer for grant of anticipatory bail to the Petitioners; this application stands disposed of with an observation that in the event the Petitioners surrender before the court in seisin of the case and move for their release on bail, the same shall be considered on its own merit and disposed of in accordance with law without being influenced by this order during the first half of the day so as to enable the Petitioners in case necessity so arises, to approach the next higher forum in the second hour for its disposal in course of the day unless there stands any legal impediment.
The case records be transmitted at the cost of the Petitioners.
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The ABLAPL is accordingly disposed of. The interim order dated 15.3.2019 passed in ABLAPL No.2513 of 2019 does no more survive.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798 dated 15th April, 2021.
…………………….. D. Dash, J.
Basu
2 issues framed by the court
Whether to grant anticipatory bail to the petitioners implicated in a case under sections 498-A, 304-B, 302, and 34 of the IPC.
Whether the petitioners' application for anticipatory bail should be disposed of with an observation.
1 provisions across 1 enactments
Petitioners
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
