AI Structured Summary
Not yet generated for this judgment
Judgment
Savitri Ratho, J
This is the third application under Section 439 of Cr.P.C. in connection with Madhupatna P.S. Case No. 159 of 2023 corresponding to G.R. Case No. 472 of 2023 pending in the Court of the learned J.M.F.C.-IV, Cuttack under Sections 420, 419 and 506 of IPC.
The first application of the petitioner in this Court – BLAPL No. 12355 of 2023 had been dismissed by me on 03.11.2023 when investigation was in progress granting him liberty to move the learned court below for bail afresh after completion of investigation.
BLAPL No. 14577 of 2023 filed by the petitioner was disposed of by me on 29.01.2024 rejecting the prayer for bail as investigation was in progress and it was found that he has one criminal antecedent of similar nature and liberty had been granted to the petitioner to move for bail afresh after completion of investigation.
Thereafter The petitioner has moved the learned Additional Sessions Judge-cum-Special Judge (Vig.), Cuttack in BLAPL No. 294 of 2023 which has been rejected on 12.03.2024. From the case number, it appears that the BLAPL was filed when his earlier bail applications were pending before this Court.
Mr. S.N. Mishra, learned counsel for the petitioner submits that the bail application number is actually BLAPL No. 294 of 2024 but has being typed incorrectly as BLAPL No. 294 of 2023 in the cause title of the rejection order.
List this matter tomorrow i.e. 21.05.2024 to enable Mr. S.N. Mishra, learned counsel for the petitioner to file any document in support of his submission that the bail application in which rejection order dated 12.03.2024 has been passed has been filed after disposal of BLAPL No. 14577 of 2023 by this Court.
Mr. Priyabrata Tripathy, learned Additional Standing Counsel shall also obtain instructions if investigation has been completed in the meantime.
.…………………………..