Dismissed

Bijay Sahoo @ Bijaya Kumar Sahu v. State of Odisha

Orissa HC18 Sept 2023ABLAPL/9205/2023

Case brief

AI extract

What is this about?

Single Bench anticipatory bail petition dismissed. Court denied anticipatory bail but granted liberty to surrender within 21 days to seek immediate bail from lower courts and higher forums within two hours of application on merits.

What did the court decide?

Liberty to surrender within 21 days to seek bail in first hour; higher forum considered on same day based on record.

Bijay Sahoo @ Bijaya Kumar Sahu Vs State of Odisha — Anticipatory Bail | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

ABLAPL No.9205 of 2023

¶3

Bijay Sahoo @ Bijaya Kumar Sahu …. Petitioners & another

¶4

Mr. G.K. Tripathy, Advocate

¶5

-versus-

¶6

State of Odisha

¶7

…. Opposite Party Mr. S. Mishra, A.S.C.

¶8

CORAM:

¶9

JUSTICE A.K. MOHAPATRA

ORDER

Order No.

18.09.2023

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

¶14

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

¶15

The Petitioners are apprehending arrest for the alleged commission of offence under Sections 307/34 of the Indian Penal Code in G.R.Case No.396 of 2023 of the Court of the learned N.G.N.-cum-J.M.F.C., Tangi, arising out of Nirakarpur P.S.Case No.137 of dt.02.06.2023.

¶16

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

¶17

However, on the submission of the learned counsel, the Petitioners are given liberty to surrender before the learned N.G.N.cum-J.M.F.C., Tangi 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 their application for bail in the first hour

¶18

// 2 //

¶19

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.

¶20

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.

¶21

The ABLAPL is accordingly disposed of.

¶22

Issue urgent certified copy of the order as per Rules.

¶23

Anil

¶24

( A.K Mohapatra )
Judge

¶25

Signature Not Verified

¶26

Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 21-Sep-2023 11:29:20

Bijay Sahoo @ Bijaya Kumar Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bijay Sahoo @ Bijaya Kumar Sahu 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

Similar cases

Jitu @ Jitendra Majhi Vs State of Odisha

Phillip Raita Vs State of Odisha

P. Madhab Vs State of Odisha

Arnab Pahari Vs State of Odisha

Chandi Das @ Raj Vs State of Odisha

Manas Kumar Jena Vs State of Odisha