Mintu @ Sujit Kumar Rout @ Sujit Rout v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 5566 of 2022 Mintu @ Sujit Kumar Rout @ Sujit Rout ....
Petitioner Mr. D. Sethi, Advocate -versusState of Odisha ....
Opposite Party Mr. P.K. Maharaj, ASC
CORAM:
JUSTICE V.NARASINGH
ORDER
10.06.2022 01.
1.
This matter is taken up through hybrid mode.
Order No.
2.
Learned counsel for the petitioner submits that inadvertently in the place of JMFC, Jashipur, it has been mentioned SDJM, Keonjhar in the Cause Title. The petitioner is permitted to make necessary correction in Court. 3.
Heard learned counsel for the parties.
4.
The petitioner is seeking pre-arrest bail in connection with C.T. Case No.03 of 2022 arising out of Jashipur P.S. Case No. 03 of 2022 pending in the Court of learned JMFC, Jashipur for commission of offence punishable under Sections 392/506/34 of the I.P.C.
5.
On a conspectus of materials on record, ABLAPL is disposed of with the observation that the petitioner, if so
// 2 // advised, may surrender before the learned JMFC, Jashipur in the above noted case within 15 days (Fifteen) days from today. 6.
In the event of his surrender and motion for bail, the application for bail shall be considered by the learned JMFC, Jashipur on merits in accordance with law, in the first hour of the day. In the event of rejection of the prayer for bail by learned JMFC, Jashipur the petitioner is at liberty to move the higher forum for bail in the second hour on the same day. 7.
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. The Case Diary be made available to the concerned courts to facilitate disposal of the bail application of the petitioner, and learned JMFC, Jashipur is called upon to transmit the case record to the higher forum in the second hour, in the event of rejection of the bail application by him.
8. It is submitted by the learned Counsel for the petitioner that the petitioner has no criminal proclivity. While enlarging the petitioner on bail, the learned Court below shall verify such assertion. If it comes to the fore that the petitioner has any criminal antecedents, this order shall stand recalled automatically without any further reference to this Court. 9.
Accordingly, the ABLAPL stands disposed of.
10.
Urgent certified copy of this order be granted as per rules. V.Narasingh Dhal (Vacation Judge)