In this anticipatory bail application under Section 438 CrPC, the High Court refused bail despite the petitioner's claim of parity with a co-accused, directing discharge to approach the lower courts instead.
Anticipatory bail refused; petitioner directed to approach lower courts with bail application.
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ABLAPL No.6907 of 2015
21.07.2015 Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 438 of the Code of Criminal Procedure, 1973.
The petitioner is an accused in G.R. Case No.1282 of 2014 on the file of learned J.M.F.C
.(R), Cuttack registered under Section 302, I.P.C.
It is submitted on behalf of the petitioner that he has been implicated by some of the w
itnesses, although the specific allegation was against one Iswar Mallick, who has already been
granted bail by this Court.
Considering the alleged nature of offences, I am not inclined to extend the benefit of a
nticipatory bail.
However, the petitioner is at liberty to approach the learned courts below and in the ev
ent of filing of bail application by the petitioner, the learned courts below would do well to
dispose of the same in course of the day keeping in view the parity, if any, of the present p
etitioner with the co-accused person said to have been released on bail.
The Bail Application is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
2
1 issue framed by the court
Whether anticipatory bail can be granted in a case registered under Section 302 IPC.
1 provisions across 1 enactments
PETITIONER
STATE
UNKNOWN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court