Disposed

Rajkumar Mahar v. State of Odisha

Orissa HC24 Sept 2021ABLAPL/3847/2020

Case brief

AI extract

What is this about?

A pre-arrest bail petition allowing the petitioners to surrender and move for bail before the trial court, ensuring disposal on the same day with recourse to the higher forum if rejected, was disposed of without granting protection from arrest prior to surrender.

What did the court decide?

Petitioners allowed to surrender and seek bail; directions for same-day disposal by trial and higher court.

Rajkumar Mahar 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.3847 of 2020

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Rajkumar Mahar & others

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…. Petitioners

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-versus-

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…. State of Odisha Opposite Party

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CORAM: JUSTICE S.PUJAHARI

ORDER

Order No.

24.09.2021

This matter is taken up through hybrid mode.

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Heard learned counsel for the Petitioners and learned counsel for the State.

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The Petitioners apprehending their arrest in Bheden P.S. Case No.42 of 2020, corresponding to G.R. Case No.42 of 2020, pending in the court of J.M.F.C., Bheden, registered for alleged commission of offences punishable under Sections 143/147/448/427/436/323/294/354/509/506/379/149 of the I.P.C., have filed this petition for their release on pre-arrest bail.

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Learned counsel for the Petitioners during the course of hearing, submits that he does not want to press this petition for pre-arrest bail as the Petitioners intend to surrender and move for bail before the Court below. However, he submits to direct

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the Court below to dispose of the bail application of the Petitioners on the same day.

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Considering the submission made, it is observed that if the Petitioners surrender in the aforesaid case in the first hour before the court of J.M.F.C., Bheden and make a motion for bail, the learned J.M.F.C., Bheden shall consider and dispose of the same in accordance with law during the first hour. In case of rejection of the bail application, the Petitioners may move for bail before the next higher forum in the second hour and in that event, the bail application of the Petitioners 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 Petitioners.

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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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7. The ABLAPL is, accordingly, disposed of.

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

(S. Pujahari)

Judge

RKS

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Rajkumar Mahar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rajkumar Mahar v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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