Petitioner sought anticipatory bail for offences under Sections 379 and 34 IPC in a Jharsuguda case. The court declined pre-arrest bail but allowed him to surrender and move for bail, directing the Magistrate and higher forum to consider his application on the same day on parity principles if applicable.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9763 of 2024
Sudam Jaypuria
..... Petitioner
Represented By Adv. - Ajit Kumar Raut
-versus-
State Of Odisha
..... Opposite Parties
Represented By Adv. – Mr. D. Nayak, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
12.09.2024
Order No.
Page 1 of 2.
hour within 21 working days hence and move for bail. On 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.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra ) Judge
S.K. Rout
Signature Not Verified
Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Page 2 of 2. Location: High Court of Orissa, C utta ck Date: 13-Sep-2024 18:21:59
1 issue framed by the court
Whether pre-arrest bail should be granted to the petitioner apprehending arrest in a theft case under Sections 379 and 34 IPC.
1 provisions across 1 enactments
Sudam Jaypuria
State of Odisha
Aditya Kumar Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
