Saroj Kumar Samal Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Saroj Kumar Samal 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., Jaleswar within 21 working days and move for bail; Magistrate to consider the bail application in the first hour strictly on the materials on record; if rejected, liberty to move the higher forum in the second hour, which shall dispose of the application the same day on the materials on record, maintaining parity if applicable; case diary to be made available to the concerned courts and records transmitted to the higher forum at the Petitioner's cost, if applied for.

Issue for consideration

Whether the Petitioner, apprehending arrest for alleged offences under Sections 457 and 380 of the Indian Penal Code in C.T.Case No.670 of 2015 (Jaleswar P.S.Case No.322 of 2015) pending before the J.M.F.C., Jaleswar, should be granted pre-arrest protection.

Court's answer

The Court did not decide the anticipatory bail application on merits; instead, the Petitioner is given liberty to surrender before the learned J.M.F.C., Jaleswar in the first hour within 21 working days and move for bail, whereupon the learned Magistrate shall consider his bail application in the first hour strictly on the basis of the materials on record.

Ratio / Principle

In case of rejection of the bail application by the Magistrate, the Petitioner may move for bail before the higher forum in the second hour, and the higher forum shall consider and dispose of the bail application on the same day, strictly on the materials on record, maintaining the principles of parity, if applicable.

Key takeaways

Case Diary shall be made available to the concerned courts, and records shall be transmitted to the higher forum at the cost of the Petitioner, if applied for.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail (ABLAPL No.6961 of 2024, High Court of Orissa at Cuttack, Aditya Kumar Mohapatra, J., decided 18.09.2024): Petitioner Saroj Kumar Samal, apprehending arrest for alleged offences under Sections 457 and 380 IPC in C.T.Case No.670 of 2015 arising out of Jaleswar P.S.Case No.322 of 2015, pending before the learned J.M.F.C., Jaleswar. The Court disposed of the application without deciding the bail plea on merits, granting liberty to surrender before the J.M.F.C., Jaleswar in the first hour within 21 working days and move for bail; the Magistrate was directed to consider the bail application in the first hour strictly on the materials on record. If rejected, the Petitioner may move the higher forum in the second hour, which shall consider and dispose of the application on the same day strictly on the materials on record, maintaining the principles of parity, if applicable. Case Diary to be made available to the concerned courts; records to be transmitted to the higher forum at the Petitioner's cost, if applied for.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.6961 of 2024

Saroj Kumar Samal

..... Petitioner

Represented By Adv. - Satyajit Mohapatra (2)

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. –

Mr.Samaresh Jena, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

18.09.2024

Order No.

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.

The Petitioner is apprehending arrest for the alleged commission of offence under Sections 457, 380 of the Indian Penal Code in C.T.Case No.670 of 2015 arising out of Jaleswar P.S.Case No.322 of 2015, which is now pending before Learned J.M.F.C., Jaleswar.

However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned J.M.F.C., Jaleswar in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the

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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, by maintaining the principles of parity, if applicable. .

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.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy of this order as per Rules.

( ADITYA KUMAR MOHAPATRA) JUDGE

RKS

Signature Not Verified

Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa, C utta ck Date: 18-Sep-2024 18:37:58