Dismissed

Sukanta Swain @ Batua v. State of Odisha

Orissa HC14 Sept 2023ABLAPL/6645/2023

Case brief

AI extract

What is this about?

This order deals with an application for anticipatory bail. The High Court declined to grant anticipatory bail but directed the petitioners to surrender within 21 working days and move for regular bail prohibiting delay tactics.

What did the court decide?

Liberty to surrender within 21 working days and move for bail; obligation to move for bail in the second hour of the higher court in case of rejection.

Sukanta Swain @ Batua Vs State of Odisha — Anticipatory Bail | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.6645 of 2023

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Sukanta Swain @ Batua & others

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…. Petitioners Mr. A.K. Parida, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. A.P. Das, A.S.C. Mr. R.N. Mohanty, Advocate

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for Informant

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CORAM:

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JUSTICE A.K. MOHAPATRA

Order No.

ORDER

14.09.2023

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

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Heard learned counsel for both the parties and perused the records.

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The Petitioners are apprehending arrest for the alleged commission of offence under Sections 147/148/341/323/294/325/ 326/354/354-B/479/427/506/149 of the Indian Penal Code in G.R.Case No.390 of 2023 of the Court of the learned J.M.F.C., Pipili, arising out of Delanga P.S.Case No.160 of 2023.

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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 J.M.F.C., Pipili in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall

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// 2 //

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consider their 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.

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Issue urgent certified copy of the order as per Rules.

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Anil

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( A.K Mohapatra )
Judge

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Signature Not Verified

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Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 21-Sep-2023 10:49:22

Sukanta Swain @ Batua v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sukanta Swain @ Batua v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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