Orissa High Court
Sudam Charan Tarai @ Jatia @ vs State Of Orissa ... Opp. Party on 24 August, 2021
Author: S.Pujahari
Bench: S.Pujahari
IN THE HIGH COURT OF ORISSA : CUTTACK
ABLAPL No.8687 of 2021
Sudam Charan Tarai @ Jatia @
Sudam Tarei ... Petitioner
-Versus-
State of Orissa ... Opp. Party
CORAM : HON'BLE SHRI JUSTICE S.PUJAHARI
02. 24.08.2021 1. This matter is taken up through Hybrid mode.
2. The Petitioner apprehending his arrest in Khallikote
P.S. Case No.526 of 2020, corresponding to G.R. Case No.1125
of 2020, pending in the court of J.M.F.C., Khallikote registered
for alleged commission of offences punishable under Sections
365/394/388 IPC, 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., Khallikote and makes a motion for
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bail, the learned J.M.F.C., Khallikote 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. Release of
the co-accused, if any, be addressed in proper perspective.
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.
..........................
S.Pujahari, J.
PKS