Sarangadhara Patalasingh @ Saragadhara

Aditya Kumar Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the parties and perused the records.

This is an application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the proceeding initiated vide Khurda P.S. Case No.84 of 2021, corresponding to G.R. Case No.215 of 2021, pending before the learned S.D.J.M., Khurda, for alleged commission of offences under Sections 498-A, 304-B, 306, 406 & 34 of IPC.

Learned counsel for the Petitioner during course of argument submits that the Petitioner does not want to press this application, but the Petitioner intends to surrender and move for bail before the court below, hence, he submits to direct the court below to dispose of the bail application of the Petitioner on the same day.

Considering the submission made, this CRLMC stands disposed of as not pressed.

However, it is observed that if the Petitioner surrenders before the learned S.D.J.M., Khurda in the aforesaid case in the first hour within 21 working days hence and moves 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.

Accordingly, the CRLMC is disposed of.

Issue urgent certified copy of this order as per Rules.

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