Dismissed

Partha Khatua v. State of Orissa

Orissa HC8 Apr 2016ABLAPL/1717/2016

Case brief

AI extract

What is this about?

The court rejected a successive bail application filed in a rape case (Sections 376/379 IPC). It held that a subsequent settlement between parties does not alter the nature of the offence and did not dispose the earlier order which granted liberty to surrender. The application was dismissed.

What did the court decide?

Bail application rejected; liberty granted to avail benefit of the earlier rejection order regarding surrender.

Partha Khatua Vs State of Orissa — Bail and Remand | Orissa HC (2016)

¶1

ABLAPL No.1717 of 2016
08.04.2016 Heard learned counsel for the petitioner and learned counsel for the State.
 The successive bail application has been filed by the petitioner, who is an accused in
C.T. Case No.264 of 2015 on the file of learned S.D.J.M., Boudh registered under Sections 376/
379, I.P.C.

¶2

 The earlier bail application of the petitioner vide ABLAPL No.11970 of 2015 was rejecte
d by order dated 21.09.2215 giving liberty to the petitioner to approach before the learned co
urts below with a direction that in the event of filing of bail application both the courts be
low would do well to dispose of the same according to law in course of the day.
 It is submitted on behalf of the petitioner that in the meantime, the matter has been a
micably settled between the parties. But refusing to accept the same as changed circumstances
especially in view of the alleged nature of offences, I am not inclined to consider the succes
sive bail application of the petitioner. Accordingly, the bail application stands rejected.
 The petitioner is given liberty to avail the benefit in the event of surrender granted
to him in the rejection order passed by this Court in earlier ABLAPL No.11970 of 2015 by order
 dated 21.09.2015.

¶3

Partha Khatua v. State of Orissa

Case brief

What is this about?

What did the court decide?

Partha Khatua v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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