Disposed¶21

Rajesh Dhar v. State of Odisha

Orissa HC5 Mar 2024ABLAPL/1251/2024

Case brief

AI extract

What is this about?

Anticipatory bail disposed with surrender direction; Rajesh Dhar v. State of Odisha; ABLAPL 1251/2024; G.R. Case 891/2022; Colliery P.S. Case 188/2022; S.D.J.M. Talcher; IPC Sections 120B/294/323/307/506/34; first-hour/second-hour same-day bail consideration protocol; parity left to court below; Justice V. Narasingh; order dated 05.03.2024.

What did the court decide?

Anticipatory bail neither granted nor refused; Petitioner directed to surrender before the learned S.D.J.M., Talcher within one month, with the bail application to be considered on merits by the S.D.J.M. in the first hour of the day and, if rejected, by the higher forum in the second hour on the same day, with case diary/case record made available and transmitted accordingly. ¶21

Rajesh Dhar Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory (pre-arrest) bail should be granted to the Petitioner in connection with G.R. Case No.891 of 2022 arising out of Colliery P.S. Case No.188 of 2022. +1 more

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Court's answer

On a conspectus of materials on record, the ABLAPL is disposed of with the observation that the Petitioner may surrender before the learned S.D.J.M., Talcher in connection with G.R. Case No.891 of 2022 arising out of Colliery P.S. Case No.188 of 2022 within one month.

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Ratio / Principle

In the event of surrender and motion for bail, the bail application shall be considered by the learned S.D.J.M., Talcher on merits in accordance with law in the first hour of the day.

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Key takeaways

If the prayer for bail is rejected by the learned S.D.J.M., Talcher, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.ratio¶18
On being so moved, the higher forum shall dispose of the bail application of the Petitioner on the same day on merit in accordance with law.ratio¶19
To facilitate disposal, the case diary is to be made available to the concerned courts.ratio

Detailed headnote1 paragraphs

Anticipatory Bail Application (ABLAPL No. 1251 of 2024, High Court of Orissa at Cuttack, Justice V. Narasingh, order dated 05.03.2024) disposed of without granting or refusing pre-arrest bail. The Petitioner, sought to be prosecuted in G.R. Case No.891 of 2022 (arising out of Colliery P.S. Case No.188 of 2022) before the learned S.D.J.M., Talcher for alleged offences under Sections 120B/294/323/307/506/34 IPC, was directed to surrender before the learned S.D.J.M., Talcher within one month. The Court laid down an expedited, time-bound consideration protocol: consideration of the bail application on merits by the S.D.J.M. in the first hour of the day; if rejected, liberty to approach the higher forum in the second hour the same day, which must dispose of the application the same day on merit, with the case diary made available to the concerned courts and the case record transmitted by the S.D.J.M. Ground of parity was expressly left to the learned court below to consider if canvassed.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No. 1251 of 2024

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Rajesh Dhar

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Petitioner

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Mr. C. Rout, Advocate

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-versus-

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State of Odisha

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Opposite Party

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Mr. H.K. Panigrahi, ASC

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CORAM: JUSTICE V. NARASINGH

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Order No.

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ORDER
05.03.2024
1. Heard learned counsel for the Petitioner and learned
counsel for the State.

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The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.891 of 2022 pending in the Court of learned S.D.J.M., Talcher, arising out of Colliery P.S. Case No.188 of 2022 for alleged commission of offence punishable under Sections 120B/294/323/307/506/34 of IPC.

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On a conspectus of materials on record, ABLAPL is disposed of with the observation that the Petitioner may surrender before the learned S.D.J.M., Talcher in connection G.R. Case No.891 of 2022 arising out of Colliery P.S. Case No.188 of 2022 within one month from today.

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In the event of their surrender and motion for bail, the application for bail shall be considered by the learned S.D.J.M., Talcher on merits in accordance with law in the first hour of the day. In the event of rejection of the prayer for bail by the learned

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S.D.J.M., Talcher, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.

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On being so moved, the higher forum shall dispose of the bail application of the Petitioner on the same day on merit in accordance with law. In that event, the case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned S.D.J.M., Talcher is called upon to transmit the case record to the higher forum in the second hour in the event of rejection of the bail application by him.

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Ground of parity, if any, may be considered by the learned court below if the same is canvassed by the learned counsel for the Petitioner at the time of consideration of the bail application.

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Accordingly, the ABLAPL stands disposed of. 8. Urgent certified copy of this order be granted as per the rules.

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(V. NARASINGH) Judge

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Santoshi

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Signature Not Verified

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Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 06-Mar-2024 19:25:24

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Rajesh Dhar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rajesh Dhar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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