Disposed

Sk. Nazar v. State of Odisha

Orissa HC21 Dec 2022ABLAPL/13621/2022

Case brief

AI extract

What is this about?

An application for anticipatory bail under Section 438 Cr.P.C. was disposed of. The court declined to grant bail but observed that the petitioner should surrender within three weeks to enable the lower court to dispose of the bail application on merit once the case diary is available.

What did the court decide?

The I.A. stands allowed with a direction to surrender within three weeks to enable disposal of bail application on merit.

Sk. Nazar Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.13621 of 2022

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Sk. Nazar

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…. Petitioner Mr. B.K. Bal , Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. P.C. Das, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

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Order No.

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ORDER 27.02.2023

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I.A. No.124 of 2023

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1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the petitioners as well as learned counsel for the State.

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In view of the submissions made, the order dated 21.12.2022 is hereby recalled. Accordingly, the I.A. stands allowed.

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( A.K. Mohapatra ) Judge ABLAPL No.13621 of 2022

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1. Heard.

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Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

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This is an application under Section 438, Cr.P.C. filed by the petitioners for anticipatory bail.

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// 2 //

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The petitioner is seeking pre-arrest bail in connection with Spl. G.R. Case No.125 of 2019, arising out of Salipur P.S. Case No.235 of 2019 pending in the court of learned P.O. Spl. Court under POCSO Act, Cuttack for commission of offence punishable under Sections 376(2)(n)/294/506/34, I.P.C. read with Section 6 of the POCSO Act and charge-sheet submitted for offences punishable under Sections 294/506/34, I.P.C.

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Taking into consideration the nature of offence and nonavailability of the case diary, I am not inclined to exercise my discretion under Section 438, Cr.P.C. in favour of the petitioner.

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However, it is observed that the petitioner, if so advised, may surrender before the learned court in seisin over the matter in the aforesaid case within three weeks from today. In the event the petitioner surrenders and motion for bail within the aforesaid period, leaned court in seisin over the matter shall do well do dispose of the bail application of the petitioner on the same day on merit in accordance with law. The case diary be made available to the concerned court to facilitate for disposal of the bail application of the petitioner.

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With the aforesaid observation, the ABLAPL is disposed of.

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

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( A.K. Mohapatra ) Judge

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Jagabandhu

Sk. Nazar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk. Nazar v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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