Purna Chandra Dey Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

Purna Chandra Dey Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail refused; liberty granted to the Petitioner to surrender before the learned court in seisin within 21 working days and move for bail, with first-hour consideration by the Magistrate and, upon rejection, same-day consideration by the higher forum 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 the alleged commission of an offence under Section 302 I.P.C. in G.R. Case No.64 of 2024, should be granted anticipatory bail.

Court's answer

Anticipatory bail is refused: considering the facts of the case, the Court is not inclined to grant anticipatory bail to the Petitioner.

Ratio / Principle

Liberty is given to the Petitioner to surrender before the learned court in seisin over the matter within 21 working days 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¶19
In case of rejection of the bail application, the Petitioner may move the higher forum in the second hour, which 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.ratio¶19
Case Diary is to be made available to the concerned courts, and records are to be transmitted to the higher forum at the cost of the Petitioner, if applied for.

Detailed headnote1 paragraphs

Anticipatory bail - Section 302 I.P.C. - Petitioner apprehending arrest in G.R. Case No.64 of 2024 (arising out of Brahmagiri P.S. Case No.58 of 2024) before the learned Nayadhikari Gramya Nyalaya, Brahmagiri, Puri - Anticipatory bail declined; however, liberty granted to surrender before the court in seisin within 21 working days and move for bail, to be considered by the Magistrate in the first hour strictly on the materials on record; on rejection, the higher forum to consider and dispose of the bail application the same day, 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 - ABLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7263 of 2024

Purna Chandra Dey

..... Petitioner

Represented By Adv. - Dushmanta Sahoo

-versus-

State Of Odisha

..... Opposite Party

Represented By Adv. – M.R.Mohanty, A.G.A.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

29.11.2024

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 Section 302 of I.P.C. in G.R. Case No.64 of 2024 of the Court of the learned Nayadhikari Gramya Nyalaya, Brahmagiri, Puri arising out of Brahmagiri P.S. Case No.58 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 court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On

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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, 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

Signature Not Verified Page 2 of 2. Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 29-Nov-2024 18:45:55