Disposed

Biswanath Bag @ Biswajit Bag @ Bapi v. State of Odisha

Orissa HC23 Mar 2021ABLAPL/67/2021

Case brief

AI extract

What is this about?

This order directed the lower court to dispose of the petitioner's bail application on the same day if he surrenders and moves for bail within the first hour. It clarified that no opinion was expressed on the merits and did not prevent police apprehension before surrender.

What did the court decide?

Direction to the lower court to dispose of bail application on the same day if surrender occurs in the first hour.

Biswanath Bag @ Biswajit Bag @ Bapi Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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ABLAPL No.67 of 2021

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23.03.2021 The petitioner in this case having been implicated in Bhawanipatna Town P.S. Case No.29 of 2014 corresponding to C.T. Case No.108 of 2014, pending in court of the learned S.D.J.M., Bhawanipatna for alleged commission of offences punishable under Sections 364 and 109 of I.P.C., 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 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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Considering the submission made, it is observed that if the petitioner surrenders in the aforesaid case in the first hour before the court of learned S.D.J.M., Bhawanipatna and makes a motion for bail, the learned S.D.J.M. 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.

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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 Court has expressed no opinion on the merit of the case and 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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Issue urgent certified copy of this order as per

rules.

…………………

S.Pujahari, J.

MRS

Biswanath Bag @ Biswajit Bag @ Bapi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Biswanath Bag @ Biswajit Bag @ Bapi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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