Partly allowed

Manmath Tarei @ Mohan v. State of Odisha

Orissa HC19 Dec 2022ABLAPL/15340/2022

Case brief

AI extract

What is this about?

The High Court of Orissa declined to grant anticipatory bail to the petitioners seeking pre-arrest bail in a cattle-related case. However, the Court granted liberty to surrender within 21 working days and move for bail before the trial court, ensuring strict time-bound consideration.

What did the court decide?

Liberty granted to surrender before the J.M.F.C.(C), Balasore within 21 working days and move for bail in the first hour.

Manmath Tarei @ Mohan Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.15340 of 2022

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Manmath Tarei @ Mohan and …. Petitioners another

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Mr. J.K. Majhi, Advocate

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-versus-

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…. State of Odisha Opp. Party Mr. T.K. Pattanaik, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

19.12.2022

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

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An oral prayer, learned counsel for the petitioners is permitted to make necessary correction so far as the name of the court is concerned in Court today.

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

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The petitioners are seeking pre-arrest bail in connection with C.T. Case No.556 of 2022 arising out of Chandipur P.S. Case No.57 of 2022, pending in the court of learned J.M.F.C.(C), Balasore for commission of offences punishable under Sections 272/273/34, I.P.C. read with Section 52(a) of Odisha Excise Act.

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Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the petitioners.

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However, on the submission of the learned counsel, the petitioners are given liberty to surrender before the learned

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// 2 //

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J.M.F.C.(C), Balasore in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the petitioners may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the petitioners on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

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Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the petitioners, if applied for.

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The ABLAPL is accordingly disposed of. Urgent certified copy of this order be granted on proper application.

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( A.K. Mohapatra) Judge

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Jagabandhu

Manmath Tarei @ Mohan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Manmath Tarei @ Mohan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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