Disposed

Ranjan Kumar Yadav v. State of Odisha

Orissa HC7 Sept 2021ABLAPL/4777/2021

Case brief

AI extract

What is this about?

The High Court directed the lower court to consider the petitioner's bail application on the same day upon his surrender, allowing a higher forum hearing in the second hour if rejected, without granting a pre-arrest bail injunction.

What did the court decide?

Direction to lower court to dispose of bail application same day on surrender; pathway to higher forum provided if lower application rejected.

Ranjan Kumar Yadav Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA : CUTTACK

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ABLAPL No.4777 of 2021

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Ranjan Kumar Yadav … Petitioner

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-Versus-

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State of Orissa … Opp. Party

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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI

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ORDER

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07.09.2021

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This matter is taken up through Hybrid mode.

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The Petitioner apprehending his arrest in Joda P.S. Case No.45 of 2021, corresponding to G.R. Case No.163 of 2021, pending in the court of J.M.F.C., Barbil registered for alleged commission of offences punishable under Sections 379/120B/34 IPC read with Section 21(1) of the MMDR Act, has filed this petition for his release on pre-arrest bail.

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

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Learned counsel for the Petitioner during course of argument submits that he does not want to press this petition for pre-arrest bail. However, it is submitted that since the Petitioner intends to surrender and move for bail before the court below, direction may be given to the courts below to dispose of the bail application of the Petitioner on the same day. 5. 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., Barbil and makes a motion for

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bail, the learned J.M.F.C., Barbil 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, be addressed in proper perspective.

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Case Diary be made available to the court concerned, if a copy of this order is given to the I.O. through registered post with A.D. by the Petitioner indicating the date of surrender.

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

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……………………..

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PKS

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S.Pujahari, J.

Ranjan Kumar Yadav v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ranjan Kumar Yadav v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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