Petitioner applied for anticipatory bail under section 438 Cr.P.C. regarding section 363 IPC. Court held application not maintainable as offence is bailable and no non-bailable offence added. Disposed of rightly.
Application disposed of on grounds of non-maintainability.
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ABLAPL No. 593 of 2020
Siba @ Sibeswar Khuntia … PETITIONER
-VERSUS-
STATE OF ODISHA
... OPP. PARTY
Conferencing.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Cuttack Sadar P.S Case No. 502 of 2019 corresponding to G.R. Case No. 2191 of 2019 now pending in the file of learned J.M.F.C.(R), Cuttack for alleged commission of offence under section 363 of the Indian Penal Code.
Perused the F.I.R. annexed to the anticipatory bail application.
Since the F.I.R. has been registered under section 363 of the Indian Penal Code which is a bailable offence and till date no non-bailable offence has been added to the case as per the instruction received by the learned counsel for the State, this anticipatory bail application is not maintainable and accordingly, the same is disposed of.
Issue urgent certified copy as per Rules.
…………………..……
S.K. Sahoo,J.
PKSahoo
1 issue framed by the court
Whether anticipatory bail application is maintainable given that the offence under section 363 IPC is bailable and no non-bailable offence has been added.
1 provisions across 1 enactments
Siba @ Sibeswar Khuntia
STATE OF ODISHA
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
