Disposed

Kailash Nayak v. State of Odisha

Orissa HC14 Feb 2022ABLAPL/11601/2021

Case brief

AI extract

What is this about?

The High Court of Orissa issued an order on pre-arrest bail, directing the District Judicial Magistrate and the next higher forum in Puri to dispose of the petitioners' bail application on the same day if they surrender within the specified hours.

What did the court decide?

Direction to the Lower and Higher Courts in Puri to dispose of the bail application on the same day if the petitioners surrender within the first and second hours respectively.

Kailash Nayak Vs State of Odisha — Bail and Remand | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.11601 of 2021

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Kailash Nayak & others

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…. Petitioners

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-versus-

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State of Odisha

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…. Opposite Party

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CORAM: THE JUSTICE S.PUJAHARI

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Order No. 01.

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ORDER 14.02.2022

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This matter is taken up through Hybrid mode. 2. The Petitioners apprehending their arrest in Puri Sadar P.S. Case No.143 of 2020, corresponding to G.R. Case No.1536 of 2020, pending in the court of S.D.J.M., Puri, registered for alleged commission of offences punishable under Sections 147/148/294/341/323/307/352/337/427/506/149 IPC and Sections 3/4 of the Explosive Substances Act, have filed this petition for their release on pre-arrest bail.

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

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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 courts below to

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dispose of the bail application of the Petitioners on the same day.

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Considering the submission made, it is observed that if the Petitioners surrender in the aforesaid case in the first hour before the court of S.D.J.M., Puri and make a motion for bail, the learned S.D.J.M., Puri 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.

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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 Petitioners 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 Petitioners.

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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 Petitioners in accordance with law for their apprehension before they surrender, if the Police so desired.

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The ABLAPL is, accordingly, disposed of.

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(S. Pujahari) Judge

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PKS

Kailash Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kailash Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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