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D. Jagannath vs State Of Odisha

Orissa High Court · Decided on 8 November 2022 · Citation: (2022) 11 OHC CK 0061

HON’BLE JUDGES
S.Pujahari, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 148, 149, 294, 307, 323, 324, 25, 326, 336, 337, 341, 354, 452, 506
RESULT
Disposed Of
CASE NUMBER
Anticipatory Bail Application No. 13294 Of 2021
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Judgment

12 paragraphs · 365 words

S.Pujahari, J

1.

This matter is taken up through Hybrid mode.

2.

The Petitioner apprehending his arrest in Jarada P.S. Case No.209 of 2021, corresponding to G.R. Case No.289 of 2021, pending in the court of J.M.F.C., Patrapur registered for alleged commission of offences punishable under Sections 147/148/341/294/323/324/325/326/307/336/337/452/354/506/149 IPC read with Sections 3/4/5 of the Explosive Substances Act, has filed this petition for his release on pre-arrest bail.

3.

Heard learned counsel for the Petitioner and learned counsel for the State.

4.

Learned counsel for the Petitioner during course of argument submits that he does not want to press this petition for pre-arrest bail. However, it is submitted that since the Petitioner intends to surrender and move for bail before the court below, direction may be given to the courts below to dispose of the bail application of the Petitioner on the same day.

5.

Considering the submission made, it is observed that if the Petitioner surrenders in the aforesaid case in the first hour before the court of J.M.F.C., Patrapur and makes a motion for bail, the learned J.M.F.C., Patrapur shall consider and dispose of the same in accordance with law during the first hour. In case of rejection of the bail application, the Petitioner may move for bail before the next higher forum in the second hour and in that event, the bail application of the Petitioner shall be considered and disposed of by the higher forum in accordance with law on the same day, if there is no other legal impediment.

6.

Case Diary be made available to the court concerned, if a copy of this order is given to the I.O. through registered post with A.D. by the Petitioner indicating the date of surrender.

7.

Records shall be transmitted to the higher forum. Cost, if any, shall be paid by the Petitioner.

8.

However, it is made clear that this order is not an impediment on the part of the police to proceed against the Petitioner in accordance with law for his apprehension before he surrenders, if the police so desired.

9.

The ABLAPL is, accordingly, disposed of.

10.

Urgent certified copy of this order be granted on proper application.

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