This application for anticipatory bail under section 438 Cr.P.C. was disposed of without re-considering the previous grant, with the court directing that bail applications be decided on merits if arrest occurs, accounting for recent developments.
Application disposed of with observation to consider regular bail on merits if arrest occurs.
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ABLAPL NO.546 OF 2021
02. 18.02.2021
This is the second journey of the Petitioners in filing this application under section 438 of the Cr.P.C. for their grant of bail in the event of their arrest in connection with Basudevpur P.S. Case No.54 of 2020 corresponding to G.R. Case No. 103 of 2020 registered for alleged commission of offence under section 302/324/34 of the IPC pending in the court of learned J.M.F.C., Basudevpur.
Heard learned counsel for the Petitioners and learned counsel for the State.
Considering the submissions and on going through the materials on record, further keeping in view the nature of accusations and other surrounding circumstances; while being not inclined to re-consider the grant of anticipatory bail to the Petitioners, this application is disposed of with the observation that when the occasion would so arise before the learned court in seisin of the case to consider the application for grant of regular bail to the Petitioners, the same would be made on its own merit; further taking into account the all such developments which have taken place in the meantime including the factum of grant of bail to the co-accused person/s, if any, in their proper perspective and disposed of in accordance with law.
The ABLAPL is accordingly disposed of.
…………………….
D. Dash, J.
Narayan
1 issue framed by the court
Whether to grant anticipatory bail to petitioners in connection with an offence under sections 302/324/34 IPC.
1 provisions across 1 enactments
Petitioners
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
