Disposed¶19

Sk Raja v. State of Odisha

Orissa HC6 Feb 2024ABLAPL/546/2024

Case brief

AI extract

What is this about?

Orissa High Court anticipatory bail refusal; ABLAPL No. 546 of 2024; SK Raja and Ors. v. State of Odisha; Justice Sashikanta Mishra; order dated 06.02.2024; IPC Sections 341/294/323/325/379/506/34; Town P.S. Case No.360 of 2023; C.T. Case No.1063 of 2023; S.D.J.M. Balasore; liberty to surrender and seek bail same day in first hour; higher forum same-day disposal; records and case diary transmission at petitioner's cost.

What did the court decide?

Anticipatory bail refused; liberty granted to the petitioners to surrender before the court below and move for bail, to be disposed of the same day in the first hour; on rejection, liberty to move the higher forum the same day, with records and case diary transmitted at the petitioner's cost and same-day disposal by the higher forum. ¶19

Sk Raja 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 petitioners, who are apprehending arrest in connection with Town P.S. Case No.360 of 2023 / C.T. Case No.1063 of 2023 pending before the learned S.D.J.M., Balasore, for alleged offences under Sections 341/294/323/325/379/506/34 of IPC.

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Court's answer

Considering the nature of accusations and the materials on record, the Court declined to grant anticipatory bail to the petitioners.

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Ratio / Principle

The ABLAPL was disposed of with liberty to the petitioners to surrender before the court below and to move for bail, such bail application to be disposed of on the same day in the first hour.

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Key takeaways

In case of rejection of the bail application below, it shall be open to the petitioners to move the higher forum on the same day, for which the records along with the case diary shall be transmitted at the petitioner's cost.ratio¶23
The higher forum shall also dispose of the bail application on the same day.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail – refused with surrender directive: The High Court of Orissa at Cuttack (Justice Sashikanta Mishra, order dated 06.02.2024), considering the nature of accusations and the materials on record, was not inclined to grant anticipatory bail to the petitioners apprehending arrest in Town P.S. Case No.360 of 2023 corresponding to C.T. Case No.1063 of 2023 pending before the learned S.D.J.M., Balasore, for alleged offences under Sections 341/294/323/325/379/506/34 of IPC. ABLAPL No. 546 of 2024 was nonetheless disposed of granting liberty to the petitioners to surrender before the court below and move for bail, to be disposed of the same day in the first hour; in case of rejection, the petitioners may move the higher forum the same day, with the records and case diary transmitted at their cost, and the higher forum is to dispose of the bail application the same day.

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 546 of 2024

SK RAJA AND ORS.

.…

Petitioners

Mr. S. Barik, Adv.

Versus -

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STATE OF ODISHA .…

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Opp.Party

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Addl. Standing Counsel

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER

06.02.2024

Order No.

02.

This matter is taken up through hybrid mode.

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Heard learned counsel for the petitioners and learned Addl. Standing for the State.

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The petitioners are apprehending arrest in connection with Town P.S. Case No.360 of 2023 corresponding to C.T. Case No.1063 of 2023 pending in the Court of learned S.D.J.M., Balasore for the alleged commission of offence under Sections 341/294/323/325/379/506/34 of IPC

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Learned State Counsel has obtained instructions that the petitioners have been implicated in this case. Learned State Counsel has produced the case diary along with injury report.

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5. Considering the nature of accusations and the materials on record, this Court is not inclined to grant anticipatory bail to the petitioners. The ABLAPL is however, disposed of granting liberty to the petitioners to surrender before the court below and to move for bail which shall be disposed of on the same

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day in the first hour. In case of rejection, it shall be open to the Signature Not Verified

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Digitally Signed Signed by: AJAYA KUMAR RANA Designation: PERSONAL ASSISTANT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Feb-2024 18:20:50

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petitioners to move the higher forum on the same day, for which the records along with case diary shall be transmitted at his cost. The higher forum shall also dispose of the bail application on the same day.

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( Sashikanta Mishra) Judge

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A.K. Rana

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Signature Not Verified

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Digitally Signed Signed by: AJAYA KUMAR RANA Designation: PERSONAL ASSISTANT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Feb-2024 18:20:50

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Sk Raja v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk Raja 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

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