The court considered an application for cancellation of a bail order passed in a G.R. Case as the applicant surrendered. The judge dismissed the application citing the significant lapse of about ten years since the original bail order and noting the absence of the opposite party.
Application for cancellation of bail order dated 08.05.2008 dismissed.
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CRLMA NO. 165 OF 2010
This is an application for cancellation of order dated 08.05.2008 passed by this Court in ABLAPL No. 5138 of 2008 directing the release of the petitioner on bail, on his surrendering in G.R. Case No. 152 of 2007 on the file of learned J.M.F.C., Aska.
Considering the submission made and on going through the petition averments as well as the order dated 08.05.2008, further viewing the factum of lapse of about 10 years since the order as aforesaid, the application stands dismissed.
……………………..
Narayan
2 issues framed by the court
Whether the application seeking cancellation of a bail order dated 08.05.2008 is maintainable given the lapse of approximately ten years.
How to proceed when the opposite party does not appear in response to an application regarding a bail order lapse.
Petitioner
Respondent
As recorded by the court registry
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