Disposed¶23

Duryodhan @ Sunil Kumar Sethi v. State of Odisha

Orissa HC19 Sept 2024ABLAPL/5263/2024

Case brief

AI extract

What is this about?

Anticipatory bail refused; surrender-and-bail-in-two-hours scheme (surrender within 21 working days; first-hour consideration by trial Magistrate; second-hour same-day disposal by higher forum with parity); Section 365 IPC offence; G.R. Case No.2864 of 2023, SDJM Kendrapara; Kendrapara Sadar P.S. Case No.789 of 2023; petitioner apprehending arrest; ABLAPL No.5263 of 2024; High Court of Orissa at Cuttack; dated 19.09.2024.

What did the court decide?

Anticipatory bail denied; conditional liberty granted to surrender before the court in seisin (SDJM, Kendrapara) in the first hour within 21 working days and seek bail, with first-hour consideration by the trial court and same-day second-hour disposal by the higher forum with parity, if applicable. ¶23

Duryodhan @ Sunil Kumar Sethi 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 bail should be granted to the Petitioner apprehending arrest for the alleged commission of offence under Section 365 IPC.

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Court's answer

The Court is not inclined to grant anticipatory bail to the Petitioner.

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Ratio / Principle

On submission of the learned counsel, the Petitioner is given liberty to surrender before the learned court in seisin over the matter within 21 working days and move for bail.

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Key takeaways

Upon surrender, the learned trial-court Magistrate shall consider the Petitioner's application for bail in the first hour strictly on the basis of the materials on record.ratio¶21
If the bail application is rejected, the Petitioner may move before the higher forum in the second hour; the higher forum shall consider and dispose of the bail application on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.ratio¶21

Detailed headnote1 paragraphs

Orissa High Court, Cuttack — ABLAPL No.5263 of 2024, order dated 19.09.2024, Justice Aditya Kumar Mohapatra. Petitioner Duryodhan @ Sunil Kumar Sethi, apprehending arrest for alleged offence under Section 365 IPC in G.R. Case No.2864 of 2023 of the Court of the learned SDJM, Kendrapara (arising out of Kendrapara Sadar P.S. Case No.789 of 2023), sought anticipatory bail. Anticipatory bail was refused. However, on counsel's submission, the Petitioner was given liberty to surrender before the court in seisin within 21 working days and move for bail: the trial-court Magistrate to consider the application in the first hour strictly on materials on record; if rejected, the higher forum to consider and dispose of it in the second hour on the same day, maintaining principles of parity, if applicable. Case diary to be made available to concerned courts; records to be transmitted to the higher forum at the Petitioner's cost, if applied for. The ABLAPL was accordingly disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5263 of 2024

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Duryodhan @ Sunil Kumar Sethi

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..... Petitioner

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Represented By Adv. - Ranjit Mohanty

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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. – M.K.Mohanty, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR

MOHAPATRA

ORDER

19.09.2024

Order No.

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 Petitioner is apprehending arrest for the alleged commission of offence under Section 365 IPC in G.R. Case No.2864 of 2023 of the Court of the learned SDJM, Kendrapara arising out of Kendrapara Sadar P.S. Case No.789 of 2023.

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

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However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned

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Page 1 of 2.

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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, 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 Petitioner, 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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( A.K Mohapatra )

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Judge

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Anil

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Signature Not Verified Page 2 of 2. Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 20-Sep-2024 10:56:27

Duryodhan @ Sunil Kumar Sethi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Duryodhan @ Sunil Kumar Sethi 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

Parties & counsel

Coram

Case details

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