The High Court disposed of a pre-arrest bail petition by directing the lower court to consider and dispose of the bail application on the same day if petitioners surrender, expressly reserving judgment on the merits and reserving rights of the police.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ABLAPL No.903 of 2021
Heard the learned counsel for the Petitioners, the learned counsel for the Informant and the learned counsel for the State.
Learned counsel for the Petitioners 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 Petitioners intend to surrender and move for bail before the court below, direction may be given to the court below to dispose of the bail application of the Petitioner on the same day.
Considering the submission made, it is observed that if the Petitioners surrender in the aforesaid case before the court of learned J.M.F.C., Jaleswar and make a motion for bail, the learned J.M.F.C., Jaleswar shall consider and dispose of the same in accordance with law on the same day.
However, no opinion is expressed on merit of the case in this order.
It is made clear that this order is not an impediment on the part of the police to proceed against the Petitioners in accordance with law for their apprehension before they surrender, if the police so desired.
2
The ABLAPL is, accordingly, disposed of. Urgent certified copy of the order be granted on proper application.
……………………..
S.Pujahari, J.
DA
Petitioners
Informant
State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
