The High Court disposed of the anticipatory bail application implicitly declining the prayer while observing the petitioner seeks regular bail pending trial. The interim order is deemed vacated, and the file is transmitted for further proceedings.
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ABLAPL NO.2569 OF 2019
This matter is taken up through video conferencing
mode.
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner having been implicated in connection with Chandpur P.S. Case No.170 of 2018 corresponding to G.R. Case No.402 of 2018 registered for alleged commission of offence under section 399/402 of the IPC pending in the court of learned J.M.F.C., Ranpur, has filed this application under section 438 Cr.P.C. for his release in the event of his arrest in the aforesaid case.
Considering the submissions and on going through the materials on record as also other surrounding circumstances; while being not inclined to grant of anticipatory bail to the Petitioner, this application is disposed of with the observation that when the occasion would so arise before the learned court in seisin of the case for consideration of the prayer for grant of regular bail of the Petitioner, the same would be made on its own merit; further taking into account the factum of grant of bail to the co-accused person/s if any in its proper perspective without being prejudiced by this order and disposed of early in accordance with law so as to enable the Petitioner in case necessity so arises, to approach the next higher forum early.
The case record be transmitted at the cost of the Petitioner.
The ABLAPL is accordingly disposed of.
The interim order dated 15.3.2019 passed in ABLAPL No.2569 of 2019 does no more survive.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798 dated 15th April, 2021.
…………………….
D. Dash, J.
Basu
2 issues framed by the court
Whether the application for anticipatory bail should be granted considering the surrounding circumstances.
Whether the interim order dated 15.3.2019 survives after the disposal of the main application.
1 provisions across 1 enactments
The Petitioner
The State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
