Dismissed

Mahendra Samal v. State of Odisha

Orissa HC8 Dec 2021ABLAPL/9446/2021

Case brief

AI extract

What is this about?

The High Court of Odisha disposed of a pre-arrest bail petition. The court directed courts below to expedite the bail application on the day of surrender but clarified this order does not grant protection from arrest until surrender.

What did the court decide?

Directed trial court and higher forum to dispose of bail application on the same day of surrender. Vacated interim order dated 27th August, 2021.

Mahendra Samal 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.9446 of 2021

Mahendra Samal

Petitioner

-versus-

State of Odisha

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…. Opposite Party

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CORAM: JUSTICE S. PUJAHARI

ORDER

Order No.

08.12.2021

This matter is taken up through hybrid mode.

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The Petitioner apprehending his arrest in Jajpur Road P.S. Case No.278 of 2021, corresponding to C.T. Case No.866 of 2021, pending in the Court of J.M.F.C., Jajpur Road, registered for alleged commission of offences punishable under Sections 417 and 376 of the I.P.C., has filed this petition for his release on pre-arrest bail.

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Heard the learned counsel for the Petitioner and the 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.

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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 J.M.F.C., Jajpur Road and makes a motion for bail, the learned

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J.M.F.C., Jajpur Road 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. Case Diary be made available to the Court on the date of surrender, if intimated to the I.O. concerned.

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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, the aforesaid order should not be construed as a protection from arrest till the date of surrender.

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Interim order dated 27 th August, 2021 passed by this Court stands
vacated.
9. The ABLAPL is, accordingly, disposed of.

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A free copy of this order be handed over to the learned counsel for the State for its communication to the concerned Police Station.

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

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(S. Pujahari) Judge

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Mahendra Samal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Mahendra Samal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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