The High Court observed that if petitioners surrender within the first hour of proceedings in the lower court, the bail application must be disposed of that same day. The order does not provide protection from arrest prior to surrender.
Direction to lower court to dispose of bail application on same day if petitioners surrender in first hour.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.9066 of 2021
Shyam Sahis and another
Petitioners
-versus-
State of Odisha
…. Opposite Party
CORAM: JUSTICE S. PUJAHARI
ORDER
Order No.
18.11.2021
Page 1 of 2
// 2 //
of S.D.J.M., Jharsuguda and make a motion for bail, the learned S.D.J.M., Jharsuguda 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. Case Diary be made available to the Court on the date of surrender, if intimated to the I.O. concerned.
(S. Pujahari) Judge
DA
Page 2 of 2
1 issue framed by the court
Whether the High Court should direct the lower court to dispose of the bail application on the same day if the petitioners surrender.
1 provisions across 1 enactments
Shyam Sahis
another
State of Odisha
S. PUJAHARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
