Allowed

Sk. Sadik Quadri @ Nana Sk Nana v. State of Odisha

Orissa HC5 Apr 2021ABLAPL/3625/2021

Case brief

AI extract

What is this about?

Petitioner withdrew pre-arrest bail plea intending to surrender at trial court. Court directed lower court to dispose of subsequent bail application immediately and allowed petitioner to approach higher forum if rejected in first hour. Order not to be read as barring police apprehension before surrender. Bail application allowed on procedural terms.

What did the court decide?

Petitioner allowed to surrender; directed lower court to dispose bail application same day; permitted approach to higher forum if rejected in first hour.

Sk. Sadik Quadri @ Nana Sk Nana Vs State of Odisha — Anticipatory Bail | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA, CUTTACK

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ABLAPL No.3625 of 2021

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Sk. Sadik Quadri @ Nana Sk Nana … Petitioner -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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ORDER

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05.04.2021

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This matter is taken up by video conferencing mode. Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner apprehending his arrest in Tihidi P.S. Case No.80 of 2019 corresponding to G.R. Case No.279 of 2019 pending in the court of S.D.J.M., Bhadrak, registered for alleged commission of offence punishable under Sections 457, 380, 34 of I.P.C has filed this petition for his release on prearrest bail.

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It is submitted by the learned counsel for the petitioner that “G.R. Case No. 279(A) of 2019” has been inadvertently written as “G.R. Case No.279 of 2019”.

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Accordingly, the same be read as “G.R. Case No. 279(A) of 2019”.

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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

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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 court of S.D.J.M., Bhadrak, and makes a motion for bail, the learned S.D.J.M., Bhadrak, 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 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

Sk. Sadik Quadri @ Nana Sk Nana v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk. Sadik Quadri @ Nana Sk Nana v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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