Disposed

Md. Jamaluddin v. State of Odisha

Orissa HC10 Apr 2024ABLAPL/1888/2024

Case brief

AI extract

What is this about?

A Court reserved bail application under Section 438 Cr.P.C. It dismissed the prayer for Petitioner No.1 as infructuous due to arrest. For Petitioner No.2, it directed surrender within three weeks and assured priority bail hearing by lower and higher forums on the same day if applications were filed.

What did the court decide?

Petitioner No.1: Bail dismissed as infructuous. Petitioner No.2: Liberty to surrender within 3 weeks and apply for bail for priority hearing.

Md. Jamaluddin Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.1888 of 2024

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Md. Jamaluddin and another …. Petitioners Mr. D. K. Mohapatra, Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. D. Biswal, ASC

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CORAM: JUSTICE CHITTARANJAN DASH

ORDER

Order No.

10.04.2024

Heard learned Counsel for the Petitioners and the State.

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By means of this application, the Petitioners seek grant of bail U/s.438 Cr.P.C. in apprehension of arrest for their alleged involvement in the offences U/s. 498-A/302/34 IPC.

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Learned counsel for the Petitioner submits that the Petitioner No.1 has been arrested in the meanwhile.

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In view of the above submission, the prayer for bail in respect to Petitioner No.1 stands dismissed as infructuous.

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It is submitted by the learned counsel for the Petitioners that the offence U/s. 302 IPC has since been converted to the offence U/s.306 IPC as the deceased died of suicidal hanging.

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Page 1 of 2

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// 2 //

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So far as Petitioner No.2 is concerned, keeping in view the submission of the parties and having gone through the nature of allegations as emerged from the material on record and further the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, the Petitioner No.2 is at liberty to surrender before the learned JMFC-1, (Cog Taking), Jharsuguda in connection with Belpahar PS Case No.22 of 2024 corresponding to CT Case No.99 of 2024 within three weeks from today and moves for bail the learned court in seisin over the matter shall consider the bail application of the Petitioner No.2 in the first hour of the day, strictly on the basis of the materials available on record on its own merit.

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In case of rejection of the bail application by the learned court, the Petitioner No.2 may move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of the Petitioner No.2 on the same day.

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Case diary be made available to the learned courts below for facilitating the disposal of the bail application on the same day. The ABLAPL is disposed of accordingly.

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(Chittaranjan Dash)

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Judge

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Signature Not Verified AKPradhan

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Digitally Signed Signed by: ANANTA KUMAR PRADHAN Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 11-Apr-2024 13:53:37

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Md. Jamaluddin v. State of Odisha

Case brief

What is this about?

What did the court decide?

Md. Jamaluddin v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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