In a bail application for offences under IPC Section 307 and Arms Act, the court held the application was dismissed as withdrawn since default bail was already granted by the Court below under Section 167(2) Cr.P.C.
Bail application dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No. 1822 of 2021
Kalia Majhi @ Kalia Muthamajhi ... Petitioner
Versus
State of Odisha ... Opp. Party
This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner - Kalia Majhi @ Kalia Muthamajhi in connection with Tumudibandha P.S. Case No.80 of 2020, corresponding to C.T. Case No. 496 of 2020 pending in the Court of the learned J.M.F.C., Tumudibandha for commission of offence punishable under Section 307/34 of I.P.C. read with Section 25 & 27 Arms Act.
Mr. A. K. Sahoo, learned counsel for the petitioner submits that this bail application has become infructuous as the petitioners have been granted default bail by the Court below under section 167(2) proviso of the Cr.P.C.
In view of above, the bail application is dismissed as withdrawn.
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.
…………………..……
Savitri Ratho ( Judge )
Prasant
1 issue framed by the court
Whether bail application is maintainable when default bail has been granted by the lower court.
4 provisions across 3 enactments
Kalia Majhi @ Kalia Muthamajhi
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
