Orissa High Court
ABLAPL/5687/2018 on 4 May, 2018
Author: C.R. Dash
Bench: C.R. Dash
ABLAPL No. 5687 of 2018
02. 04.05.2018 Heard learned counsel for the petitioner
and learned Additional Standing Counsel for the
State.
This is an application under Section 438
Cr.P.C. for anticipatory bail.
Taking into consideration the facts and
submissions, this ABLAPL is disposed of with the
observation that the petitioner, if so advised, may
surrender before the learned S.D.J.M., Kendrapara,
in connection with Kendrapara P.S. Case No. 94 of
2018 corresponding to G.R. Case No.401 of 2018
within 15 (fifteen) days from today. In the event of his
surrender and motion for bail, the application for bail
shall be considered by the learned S.D.J.M.,
Kendrapara on merit in accordance with law, in the
first hour of the day. In the event of rejection of the
prayer for bail by learned S.D.J.M., Kendrapara, the
petitioner is at liberty to move the higher forum for
bail in the second hour on the same day. On being so
moved, the higher forum shall dispose of the bail
application of the petitioner on the same day on merit
in accordance with law. In that event, the Case Diary
be made available to the concerned courts to
facilitate disposal of the bail application of the
petitioner, and learned S.D.J.M., Kendrapara is
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directed to transmit the case record to the higher
forum in the second hour, in the event of rejection of
the bail application by him.
Ground of parity, if any, may be considered
by the learned Court below on same being canvassed
by learned counsel for the petitioner at the time of
consideration of the bail application.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be
granted as per rules.
...............................
C.R. Dash, J.
Balaram 3