AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
9 paragraphs · 269 wordsSavitri Ratho, J
This is the successive application of the petitioner under Section 439 of Cr.P.C. in connection with Barbil P.S. Case No.309 of 2023 corresponding to G.R. Case No.920 of 2023, pending in the file of the learned J.M.F.C., Barbil under Sections 380/457 of IPC.
Mr. Partha Sarathi Das, learned counsel for the petitioner submits that the petitoner had earlier filed BLAPL No. 13184 of 2023 and the same had been disposed of vide order dated 29.11.2023 when investigation was in progress observing that it is open to the petitioner to move for bail afresh after completion of investigation. But inadvertently, this has not been mentioned in the certificate nor in the body of the bail application for which the petitoner may be permitted to withdraw this bail application and move the learned court below for bail. He undertakes to submit a withdrawal memo in course of the day.
Perusal of the rejection order dated 26.12.2023 passed by the learned Additional Sessions Judge, Champua, Camp at Barbil in B.A. No. 377 of 2023 reveals that the investigation was still in progress when the petitioner move the bail application.
Considering the fact that the petitoner has not complied with the order dated 29.11.2023 passed in BLAPL No. 13184 of 2023, I deem it fit to dismiss this bail application.
The BLAPL is accordingly dismissed.
It is open to the petitoiner to move for bail afresh after completiton of investigation as directed vide order dated 29.11.2023 in the earlier bail application.
Urgent certified copy of this order be granted on proper application.
………………………………