Keshab Maharana @ Keshab Chandra Maharana Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Keshab Maharana @ Keshab Chandra Maharana Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail declined; petitioner given liberty to surrender before the learned J.M.F.C., Basudevpur within 21 working days and move for bail, with first-hour consideration by the Magistrate and, on rejection, same-day disposal by the higher forum maintaining parity, if applicable.

Issue for consideration

Whether the petitioner, apprehending arrest for alleged offences under Sections 126(2)/331(5)/115(2)/118(1)/109(1)/303(2)/3(5) BNS, 2023 in G.R. Case No.801 of 2024 (J.M.F.C., Basudevpur, arising out of Kasia Marine P.S. Case No.94 dt. 10.07.2024), should be granted anticipatory bail.

Ratio / Principle

Anticipatory bail is refused: considering the facts of the case, the Court was not inclined to grant anticipatory bail to the petitioner.

Key takeaways

Protective liberty granted: the petitioner may surrender before the learned J.M.F.C., Basudevpur in the first hour within 21 working days and move for bail; the Magistrate shall consider the bail application in the first hour strictly on the basis of the materials on record.ratio¶5
If the bail application is rejected by the Magistrate, the petitioner may move the higher forum in the second hour, and the higher forum shall consider and dispose of the bail application on the same day strictly on the basis of the materials on record, maintaining the principles of parity, if applicable.ratio¶5

Detailed headnote1 paragraphs

Anticipatory bail — refused; protective surrender directions issued. Petitioner apprehended arrest in G.R. Case No.801 of 2024 of the J.M.F.C., Basudevpur (arising out of Kasia Marine P.S. Case No.94 dt. 10.07.2024) for alleged offences under Sections 126(2)/331(5)/115(2)/118(1)/109(1)/303(2)/3(5) Bharatiya Nyaya Sanhita, 2023. Counsel stated the principal accused (who had assaulted the injured on the head) was already enlarged on bail, that the petitioner's specific role was dealing a blow on the injured's leg, and that the petitioner had no criminal antecedent. The Court declined anticipatory bail but permitted surrender before the learned J.M.F.C., Basudevpur in the first hour within 21 working days, directing the Magistrate to consider the bail application in the first hour strictly on the materials on record; if rejected, the petitioner could move the higher forum in the second hour for same-day disposal maintaining parity, if applicable. Case diary to be made available; records to be transmitted at petitioner's cost, if applied for. ABLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9859 of 2024

Keshab Maharana @ Keshab ..... Petitioner Chandra Maharana

Represented By Adv. - Satya Narayan Mishra 4

-versus-

State Of Odisha

..... Opposite Party

Represented By Adv. – A.P.Das, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

18.09.2024

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-126(2) / 331(5) / 115(2) / 118(1) / 109(1) / 303(2)/ 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 in G.R. Case No.801 of 2024 of the Court of the learned J.M.F.C., Basudevpur, arising out of Kasia Marine P.S. Case No.94 dt. 10.07.2024.

It is stated by the learned counsel for the petitioner that the principal accused, who had assaulted on the head of the injured, has already been enlarged on bail in the meantime. So far the present petitioner is concerned, it is stated that the specific allegation against

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the present petitioner is that he had dealt a blow on the leg of the injured. He further contended that the petitioner does not have any criminal antecedent.

Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned J.M.F.C., Basudevpur 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 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.

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

Rubi

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Signature Not Verified

Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 19-Sep-2024 12:36:42