Anwar Ahmed Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Anwar Ahmed Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail refused; however, liberty given to surrender before the learned S.D.J.M., Jharsuguda within 21 working days and move for bail, to be considered in the first hour strictly on the materials on record; on rejection, the higher forum to dispose of the application the same day maintaining parity if applicable; case diary to be made available to the concerned courts; urgent certified copy of the order as per Rules.

Issue for consideration

Whether anticipatory bail should be granted to the Petitioner apprehending arrest for alleged offences under Sections 399/402 of the I.P.C.

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

As sought by learned counsel, the Petitioner is given liberty to surrender before the learned S.D.J.M., Jharsuguda within 21 working days and move for bail; on such surrender the learned Magistrate shall consider the bail application 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 Magistrate, 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.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail refused - Ss. 399/402 IPC - liberty to surrender within 21 working days. By order dated 14.03.2024 in ABLAPL No.732 of 2024 (High Court of Orissa at Cuttack, Justice A.K. Mohapatra sitting singly), anticipatory bail was refused to Anwar Ahmed, who apprehended arrest for alleged offences under Sections 399/402 of the I.P.C. in C.T. Case No.1279 of 2023 of the Court of the learned S.D.J.M., Jharsuguda, arising out of Jharsuguda Sadar PS Case No.199 of 2023. Although counsel pointed out that a coaccused (Md. Salim) had already been bailed by this Court in ABLAPL No.9895 of 2023 (disposed of 25.09.2023), the Court recorded that it was not inclined to grant anticipatory bail. Instead, on counsel's submission, the Petitioner was given liberty to surrender within 21 working days and apply for bail, with the Magistrate directed to decide in the first hour strictly on the materials on record; on rejection, the higher forum was to consider and dispose of the application the same day, maintaining the principles of parity if applicable. Case diary to be made available; the ABLAPL was disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.732 of 2024

Anwar Ahmed

…. Petitioner

Mr. D. Sahoo, Advocate

-versus-

State of Odisha

…. Opposite Party Mr. D. Nayak, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA

ORDER

Order No.

14.03.2024

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 399/402 of the I.P.C. in C.T. Case No.1279 of 2023 of the Court of the learned S.D.J.M., Jharsuguda, arising out of Jharsuguda Sadar PS Case No.199 of 2023.

It is submitted by learned counsel for the Petitioner that the coaccused has already been released on bail. He further referred to the case of Md. Salim, who was released on bail pursuant to the order passed by this Court in ABLAPL No.9895 of 2023 disposed of on 25.09.2023.

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

// 2 //

However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned S.D.J.M., Jharsuguda 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 their 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

Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 18-Mar-2024 11:31:38

Signature Not Verified