This order quashes an impugned criminal bail application order due to internal contradictions between staying sentence execution and rejecting bail. The matter is remanded to the lower judge for fair consideration and cogent reasoning.
Order quashed and matter remanded to Sessions Judge, Jajpur for hearing and disposal afresh.
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BLAPL No.5874 of 2015
09.11.2015 Heard learned counsel for the petitioner and learned Additional Standing Counsel.
The impugned order passed by the learned Sessions Judge, Jajpur in Criminal Appeal N
o.8 of 2015 is itself confusing and contradictory. When finding an arguable case he suspended
execution of the sentence and stayed realization of fine, I do not find how the bail applicat
ion could have been rejected when execution of the sentence has been suspended.
The matter is, therefore, remanded to the learned Sessions Judge, Jajpur for hearing
of the petition and disposal afresh on merit in accordance with law. Learned Sessions Judge
should bear in mind that suspension of the order of conviction and sentence is not automatic.
He is to give cogent reasons for the same, and if there is a case for suspension of sentence,
it cannot be held that there exists no case for bail also.
C.R. Dash, J.2
2 issues framed by the court
Whether the Sessions Judge's order rejecting bail was legally sound given the earlier suspension of sentence.
Whether sufficient reasons exist for non-automatic suspension of concurrent orders.
Petitioner
Respondent
C.R. Dash
As recorded by the court registry
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