Panchanan Mallik Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Panchanan Mallik Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail denied, but the Petitioner received liberty to surrender before the learned J.M.F.C., Basta within 21 working days and move for bail; the learned Magistrate to consider the bail application in the first hour strictly on the materials on record, failing which the Petitioner may seek bail before the higher forum in the second hour, to be disposed of the same day on the materials on record maintaining parity if applicable; urgent certified copy of the order as per Rules.

Issue for consideration

Whether anticipatory bail should be granted to the Petitioner apprehending arrest for the alleged commission of offence under Sections 376(2)(n) and 506 I.P.C. in C.T. Case No.105 of 2024 (J.M.F.C., Basta) arising out of Basta P.S. Case No.31 of 2024.

Court's answer

The Court declined to grant anticipatory bail to the Petitioner, considering the facts of the case.

Ratio / Principle

On submission of the learned counsel, the Petitioner was given liberty to surrender before the learned J.M.F.C., Basta in the aforesaid case in the first hour within 21 working days and move for bail, and the learned Magistrate was directed to consider his application for bail in the first hour strictly on the basis of the materials on record.

Key takeaways

In case of rejection of the bail application by the learned Magistrate, the Petitioner may move for bail before the higher forum in the second hour, and the higher forum shall dispose of the bail application on the same day strictly on the basis of the materials on record, maintaining the principles of parity if applicable.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail — High Court of Orissa at Cuttack, ABLAPL No.7255 of 2024 (Hon'ble Mr. Justice Aditya Kumar Mohapatra, Order dated 25.07.2024): Petitioner Panchanan Mallik apprehended arrest for alleged offences under Sections 376(2)(n) and 506 I.P.C. in C.T. Case No.105 of 2024 before the learned J.M.F.C., Basta, arising out of Basta P.S. Case No.31 of 2024. Considering the facts of the case, the Court declined anticipatory bail but, on counsel's submission, gave the Petitioner liberty to surrender before the learned J.M.F.C., Basta within 21 working days and apply for bail, with the learned Magistrate to decide in the first hour strictly on the materials on record; on rejection, the Petitioner may approach the higher forum in the second hour, which must dispose of the matter the same day on the materials on record, maintaining parity if applicable. Case Diary to be made available to the concerned courts; records transmissible to the higher forum at the Petitioner's cost if applied for. The ABLAPL was disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7255 of 2024

Panchanan Mallik

.....

Petitioner

Represented By Adv. - Amulya Ratna Panda

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. – S.Jena, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

25.07.2024

Order No.

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

Heard learned counsel for both the parties and perused the records.

The Petitioner is apprehending arrest for the alleged commission of offence under Sections 376(2)(n), 506 of I.P.C. in C.T. Case No.105 of 2024 of the Court of the learned J.M.F.C., Basta, arising out of Basta P.S. Case No.31 of 2024.

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

However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned J.M.F.C., Basta 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,

Page 1 of 2 .

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 the order as per Rules.

( A.K Mohapatra ) Judge

Anil

Page Signature Not Verified 2 of 2 . Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 27-Jul-2024 16:01:09