Swaraj Kumar Kadraka @ Suraj Kumar Kadraka @ Rocky Digal v. State of Odisha
Case brief
What is this about?
Anticipatory/pre-arrest bail denied but structured surrender-and-bail protocol issued. Keywords: ABLAPL 8593/2024; High Court of Orissa Cuttack; Aditya Kumar Mohapatra; Swaraj Kumar Kadraka @ Suraj Kumar Kadraka @ Rocky Digal; Gunupur P.S. Case No.157 of 2021; G.R. Case No.312 of 2021; S.D.J.M. Gunupur; Section 379 IPC; 21 working days surrender window; first-hour bail consideration; same-day higher-forum disposal; principles of parity.
What did the court decide?
Pre-arrest bail refused; however, the Petitioner was given liberty to surrender before the learned S.D.J.M., Gunupur within 21 working days and apply for bail, with directions that the Magistrate consider the application in the first hour on the materials on record and, if rejected, the higher forum dispose of a second-hour application the same day maintaining parity principles; case diary to be made available and records transmissible to the higher forum at the Petitioner's cost.