dismissing an application to restore an abandoned anticipatory bail application, the court held that the petitioner is entitled to file a fresh application and thus refused restoration.
The application to restore A.B.A. No. 2064 of 2015 is dismissed with liberty to file another anticipatory bail application.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M. P. No. 1667 of 2015
-V e r s u s -
The State of Jharkhand ... ... Opposite Parties
CORAM: - HON’BLE MR. JUSTICE D. N. UPADHYAY
For the Petitioner : Mr. Rakesh Kumar, Advocate. For the State : APP
2/11.09.2015 Heard the parties.
This Cr.M.P. has been filed with a prayer to restore A.B.A. No. 2064 of 2015 which stood dismissed for non prosecution on 29.07.2015.
I do not feel inclined to restore A.B.A. No. 2064 of 2015 because the petitioner has every right to file another A.B.A. if he so wish. There is no impediment in filing another application for grant of anticipatory bail.
Consequently, this application stands dismissed with liberty to the petitioner to file another application for grant of anticipatory bail, if he so wish.
(D. N. Upadhyay, J.)
RC/
2 issues framed by the court
Whether an abandoned anticipatory bail application should be restored after dismissal for non-prosecution when the petitioner has the right to file a fresh application.
Whether to exercise discretion to restore the A.B.A. or dismiss it with liberty to file another.
Sarju Ganjhu
Naresh Ganjhu
Jagmohan Ganjhu
Deo Narayan Ganjhu
The State of Jharkhand
D. N. Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
