Disposed

Jyoti Swaroop Nayyar v. State of Odisha

Orissa HC9 Nov 2021ABLAPL/3812/2021

Case brief

AI extract

What is this about?

Petitioner sought pre-arrest bail in a criminal case alleging cheating and forgery. Instead of pressing this petition, he requested a direction to the lower court to expedite his surrender bail application. Court directed lower court and higher forum to consider bail applications within hours of surrender on the same day.

What did the court decide?

Directed lower court and higher forum to dispose of bail applications within specific hours of surrender; dispensed with pre-arrest bail petition.

Jyoti Swaroop Nayyar Vs State of Odisha — Cheating and Forgery | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.3812 of 2021

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Jyoti Swaroop Nayyar

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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 09.11.2021

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Order No.

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This matter is taken up through Hybrid mode. 2. Heard the learned counsel for the Petitioner and the learned counsel for the State.

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The Petitioner apprehending his arrest in G.R. Case No.107 of 2021 arising out of Raghunathpalli P.S Case No.09 of 2021 pending on the file of learned S.D.J.M., Panposh, Rourkela, registered for alleged commission of offence punishable under Sections 419, 420, 465, 468 and 471 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

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Page 1 of 2

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// 2 //

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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 S.D.J.M., Panposh, Rourkela, and makes a motion for bail, learned S.D.J.M., Panposh, Rourkela, 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, the aforesaid order should not be construed as a protection from arrest till the date of surrender.

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The ABLAPL is, accordingly, disposed of.

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

(S. Pujahari)

Judge

MRS/SKB

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Jyoti Swaroop Nayyar v. State of Odisha

Case brief

What is this about?

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Jyoti Swaroop Nayyar v. State of Odisha

Case brief

What is this about?

What did the court decide?

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