Disposed

Basanta Kumar Ghanti v. State of Odisha

Orissa HC30 Aug 2024ABLAPL/7794/2024

Case brief

AI extract

What is this about?

The High Court of Orissa, hearing a bail petition, granted liberty to the petitioners to surrender before the J.M.F.C. in the first hour for bail after their co-accused were enlarged on bail. The court directed parity in consideration if bail is rejected at the lower level and disposed of the petition.

What did the court decide?

Liberty to surrender before J.M.F.C. Basta within 21 days and move for bail; Magistrate to consider bail on first hour; higher forum to decide on same day if rejected.

Basanta Kumar Ghanti Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7794 of 2024

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1) Basanta Kumar Ghanti ..... Petitioners 2) Ratnakar Behera Represented By Adv. - 3) Sarbeswar Behera Bikram Chandra Ghadei

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1. Santosh Kumar Patra

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1. Manoranjan Nayak

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-versus-

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State Of Odisha ..... Opposite Parties

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Represented By Adv. –

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Mr.Debasis Nayak, AGA

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

30.08.2024

Order No.

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

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Heard learned counsel for the Petitioners as well as the learned Additional Government Advocate for the State. Perused the records.

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The Petitioners are apprehending arrest for the alleged commission of offence under Sections 115(2), 118(1), 126(2), 127(2), 189(2), 190, 285, 324(4) of BNS in Baliapal P.S.Case No.133 of 2024, which is now pending before Learned J.M.F.C, Basta.

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It is stated by the learned counsel for the Petitioners that some of the co-accused persons namely Sashikanta Sahu, Haripada Karan and Basanta Kumar Senapati have been

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Page 1 of 2 .

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enlarged on bail vide order dated 05.08.2024 passed by this Court in ABLAPL No.7766 of 2024.

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However, on the submission of the learned counsel, the Petitioners are 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 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 Petitioners 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 Petitioners on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable. .

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Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioners, if applied for.

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The ABLAPL is accordingly disposed of.

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Issue urgent certified copy of this order as per Rules.

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( ADITYA KUMAR MOHAPATRA) JUDGE

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RKS

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Page Signature Not Verified 2 of 2 . Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 02-Sep-2024 15:26:10

Basanta Kumar Ghanti v. State of Odisha

Case brief

What is this about?

What did the court decide?

Basanta Kumar Ghanti v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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