Biswaranjan Behera Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Biswaranjan Behera Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to surrender before the learned J.M.F.C., Tigiria within 21 working days and move for bail, with the Magistrate to consider the bail application in the first hour strictly on the materials on record and, on rejection, the higher forum to consider and dispose of it on the same day in the second hour; case diary to be made available on surrender against a prior application accompanied by the copy of the order, and records transmissible to the higher forum at the petitioner's cost if applied for.

Issue for consideration

Whether the petitioner, apprehending arrest for the alleged offences under Sections 147, 148, 365, 294, 323, 307, 506, 295-A, 298, 149 IPC read with Section 25/27 of Arms Act in C.T.Case No.149 of 2024 (arising out of Tigiria P.S. Case No.152 of 2024, pending before J.M.F.C., Tigiria), should be given liberty to surrender and have his bail application considered expeditiously by the Magistrate and, if rejected, by the higher forum.

Court's answer

Considering the submissions made by learned counsel for the parties, the Court recalled the order dated 11.07.2024 and passed the present order.

Ratio / Principle

The petitioner is given liberty to surrender before the learned J.M.F.C., Tigiria in the said case in the first hour within 21 working days hence and move for bail.

Key takeaways

On such surrender, the learned Magistrate shall consider the petitioner's application for bail in the first hour strictly on the basis of the materials on record.ratio¶22
In case of rejection of the bail application, the petitioner may move for bail before the higher forum in the second hour.ratio¶22
On such event, the higher forum shall consider and dispose of the petitioner's bail application on the same day strictly on the basis of the materials on record.ratio

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, ABLAPL No.6780 of 2024 (Biswaranjan Behera v. State Of Odisha), Order No.03 in I.A. No.109 of 2025, 18.03.2025 (Aditya Kumar Mohapatra, J.): the order dated 11.07.2024 is recalled. The petitioner, apprehending arrest for alleged offences under Sections 147, 148, 365, 294, 323, 307, 506, 295-A, 298, 149 of the Indian Penal Code read with Section 25/27 of the Arms Act in C.T.Case No.149 of 2024 arising out of Tigiria P.S. Case No.152 of 2024, pending before the learned J.M.F.C., Tigiria, is given liberty to surrender in the first hour within 21 working days and move for bail; the Magistrate to consider the application in the first hour strictly on the materials on record and, on rejection, the higher forum in the second hour on the same day strictly on the materials on record; case diary to be made available on the date of surrender against a prior application with copy of the order; records to the higher forum at the petitioner's cost if applied for; ABLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.6780 of 2024

Biswaranjan Behera

.....

Petitioner

Represented By Adv. - Harekrushna Mohanty

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. – Mr.Samaresh Jena,ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

18.03.2025

Order No.

03. I.A.NO.109 OF 2025

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

Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State. Perused the records.

Considering the submissions made by the learned counsel for the parties, the order dated 11.07.2024 is hereby recalled and the following order is passed.

The Petitioner is apprehending arrest for the alleged commission of offence under Sections 147, 148, 365, 294, 323, 307, 506, 295-A, 298, 149 of the Indian Penal Code read with Section 25/27 of Arms Act in C.T.Case No.149 of 2024

Page 1 of 2.

arising out of Tigiria P.S. Case No.152 of 2024, which is now pending before Learned J.M.F.C., Tigiria.

Considering the aforesaid submission of the learned counsel, the Petitioner is given liberty to surrender before the learned J.M.F.C., Tigiria 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.

Case Diary be made available to the concerned courts on the date of surrender on an application being filed by the Petitioner prior to the date of surrender along with the copy of this order. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy of this order as per Rules.

( ADITYA KUMAR MOHAPATRA) JUDGE

RKS

Signature Not Verified Page 2 of 2.

Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 20-Mar-2025 17:34:30