Disposed

Jalia @ Jaleswar Rout v. State of Odisha

Orissa HC9 Sept 2021ABLAPL/3408/2020

Case brief

AI extract

What is this about?

Single judge disposed of the pre-arrest bail petition by directing the lower court (J.M.F.C., Niali) to hear the petitioner's surrender and file a bail application within one hour of surrender and dispose of it on the same day.

What did the court decide?

Petitioner directed to surrender at J.M.F.C., Niali; lower court to dispose of bail application on same day within first hour of surrender.

Jalia @ Jaleswar Rout Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.3408 of 2020

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Jalia @ Jaleswar Rout

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Petitioner

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-versus-

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State of Odisha

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…. Opposite Party

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CORAM: JUSTICE S.PUJAHARI

ORDER

09.09.2021

Order No.

This matter is taken up through Hybrid 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 G.R. Case No.1342 of 2018 arising out of Niali P.S. Case No.212 of 2018 pending on the file of J.M.F.C., Niali, registered for alleged commission of offence punishable under Sections 147, 279, 337, 323, 324, 325, 326, 326-A, 354, 509, 148, 149 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 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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Page 1 of 2

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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 J.M.F.C., Niali, and makes a motion for bail, learned J.M.F.C., Niali, 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. Records shall be transmitted to the higher forum. Cost, if any, shall be paid by the petitioner.

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However, the aforesaid order should not be construed as a protection from arrest till the date of surrender. 7. The ABLAPL is, accordingly, disposed of. 8. Urgent certified copy of this order be granted on proper application. (S. Pujahari) Judge

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MRS/SKB

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Jalia @ Jaleswar Rout v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jalia @ Jaleswar Rout v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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