Disposed

S.Dharma Rao @ S.Dharma v. State of Odisha

Orissa HC5 Apr 2024ABLAPL/792/2024

Case brief

AI extract

What is this about?

The High Court of Odisha did not grant anticipatory bail but directed that if petitioners surrender and move for bail before the Magistrate within three weeks in the first hour of the day, the Magistrate must hear it immediately on the basis of available materials. Rejection mandates a subsequent hearing before a higher forum in the same day.

What did the court decide?

Anticipatory bail denied with directions for an expedited bail hearing process should the petitioners surrender within three weeks.

S.Dharma Rao @ S.Dharma Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.792 of 2024

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S. Dharma Rao @ S. Dharma & Others

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…. Petitioners

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Mr. S.S. Ray-2, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. Debasish Biswal, ASC

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CORAM: JUSTICE CHITTARANJAN DASH

ORDER

Order No.

05.04.2024

1. Heard learned counsel for the Petitioners and the State.

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This is an application for bail U/s.438 Cr.P.C. filed by the Petitioners in apprehension of arrest for their alleged involvement in the offences U/s.307/427/506/34, IPC in connection with Sections 3 & 4 of Explosive Substances Act, 1908 pending in the court of the learned J.M.F.C. (R), Berhampur.

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Having regard to the nature of the allegation, the seriousness and gravity of the offence while this Court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioners surrender and move for bail before the learned J.M.F.C. (R), Berhampur during the first hour within three weeks hence and move for bail, the learned Magistrate shall consider the bail application of the Petitioners in the first hour of the day itself, strictly on the basis of the materials available on record. In case of rejection of the bail application by the learned Magistrate, the Petitioners may move for bail before the higher forum in the second hour of the same day.

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In that event, the higher forum shall consider and dispose of the bail application of the Petitioners on merit, strictly on the basis of the materials available on record, without being influenced by any observation made herein by this Court or presuming it to be a direction in affirmative. The Case Diary be made available to the learned courts below to facilitate the hearing of the bail application. However, this order is subject to verification of the record of criminal antecedents of the Petitioners. In the event any other criminal antecedent(s) found against the Petitioner(s), this order shall

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not be given effect to. The ABLAPL is disposed of accordingly.

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(Chittaranjan Dash)
Judge

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S.K.Parida

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Signature Not Verified

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Digitally Signed Signed by: SAMIR KUMAR PARIDA Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY Reason: Authentic Copy Location: ORISSA HIGH COURT, CUTTACK Date: 06-Apr-2024 19:28:12

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S.Dharma Rao @ S.Dharma v. State of Odisha

Case brief

What is this about?

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S.Dharma Rao @ S.Dharma v. State of Odisha

Case brief

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