Disposed

Somanath Parida v. State of Odisha

Orissa HC20 Aug 2024ABLAPL/3955/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail apprehending arrest in a case registered under Section 306 IPC. The Court declined pre-arrest bail but permitted surrender within 21 working days with directions for same-day consideration of his bail application by the Magistrate and, if rejected, the higher forum.

What did the court decide?

Pre-arrest bail refused; liberty to surrender within 21 working days with same-day bail consideration directed.

Somanath Parida Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3955 of 2024

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Somanath Parida

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.....

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Petitioner

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Represented By Adv. – Mr. Bibekananda Mahapatra

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-versus-

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State Of Odisha

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..... Opposite Party

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Represented By Adv. – Mr. Debasish Nayak, A.G.A.

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Mr. Akshaya Kumar Subudhi, Advocate for the Informant

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

20.08.2024

Order No.

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

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Heard learned counsel for the parties and perused the records.

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The Petitioner apprehending his arrest in Laxmisagar P.S. Case No.63 of 2024, corresponding to C.T. Case No.132 of 2024, pending on the file of learned J.M.F.C., Cog-Taking IV, Bhubaneswar, registered for alleged commission of offence punishable under Section 306 of I.P.C., has filed this petition for his release on prearrest bail.

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Considering the facts of the case, this Court is not inclined to

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grant pre-arrest bail to the Petitioner.

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However, on the submission of the learned counsel for the Petitioner, the Petitioner is given liberty to surrender before the learned J.M.F.C., Cog-Taking IV, Bhubaneswar 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 Petitioner 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 Petitioner on the same day strictly on the basis of the materials on record.

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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 Petitioner, if applied for.

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The ABLAPL is, accordingly, disposed of.

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Issue urgent certified copy of this order as per Rules.

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( Aditya Kumar Mohapatra) Judge

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Debasis

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Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 21-Aug-2024 14:00:07

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Somanath Parida v. State of Odisha

Case brief

What is this about?

What did the court decide?

Somanath Parida v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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