In a bail application regarding assault on public servants, anticipatory bail was denied. The court directed petitioners to surrender and seek bail in the lower court within four weeks for expeditious disposal. The ABLAPL was disposed.
Petitioners directed to surrender and approach the Court below for bail within four weeks.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1302 of 2022
1. Litu @ Ziaruddin Khan
2. Butu @ Gutu @ Jharuddin Khan
…. Petitioners Mr. A.K. Jena, Advocate
-versus-
State of Odisha …. Opp. Party
Mr. A.Das,
Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 23.02.2022
02. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioners and
learned counsel for the State.
Mr. Prakas Kumar Jena, the Sub-Inspector of police of Jatni Police station is present in Court and on verification, he submitted that the petitioners have got no criminal antecedents.
It is a case where the public servants have been assaulted while they were on duty and the Tahasildar and Executive Magistrate have reported the matter.
In view of the available material on record, the
P
// 2 //
nature and gravity of the accusation, while not inclining to grant anticipatory bail to the petitioners, it is observed that in the event the petitioners surrender in the Court below and move for bail before the learned Court below within a period of four weeks from today, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law. The case records shall be made available to the Court concerned.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
The personal appearance of Mr. Prakas Kumar Jena, the Sub-Inspector of police of Jatni Police station is dispensed with. ( S.K. Sahoo) Judge
Page 2 of 2
2 issues framed by the court
Whether anticipatory bail should be granted given the nature of assault on public servants.
Whether petitioners should be permitted to move for bail if surrender is undertaken.
1 provisions across 1 enactments
Litu @ Ziaruddin Khan
Butu @ Gutu @ Jharuddin Khan
State of Odisha
Justice S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
