The Court held that a criminal appeal against bail conditions imposed by a lower court is not maintainable when identical conditions were already imposed by the High Court in a prior bail order in the same matter.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMA No. 391 of 2023
Samarendra Kumar Das @ ….. Petitioner Soumendra Das
Mr. P.C. Jena, Advocate
Vs.
State of Odisha ….. Opp. Party Mr. S.S. Pradhan, AGA
CORAM:
JUSTICE SAVITRI RATHO ORDER
08.12.2023
Order No.
(Through hybrid mode)
1. This application under Section 439(1)(b) of the Code of Criminal Procedure has been filed with a prayer to waive condition no.III and IV imposed by the learned Additional Sessions Judge, Athagarh vide order dated 26.08.2023 passed in S.T. No. 107/2023 corresponding to C.T. No. 665/2022 arising out of Athagarh P.S. Case No. 289/2022.
2. Perusal of the order dated 26.08.2023 passed in S.T. No. 107/2023 and the order dated 24.08.2023 passed in BLAPL No. 3752 of 2023 by this Court reveals that five conditions including these two conditions had been imposed by this Court by order dated 24.08.2023 while granting bail to the petitioner in BLAPL No. 3752 of 2023 imposed by this Court.
3. Hence, CRLMA is not maintainable and is disposed of accordingly.
4. Urgent certified copy of this order be granted on proper application.
(Savitri Ratho) Signature Not Verified Judge Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court puspa Date: 12-Dec-2023 17:47:58
1 issue framed by the court
Whether an application to waive bail conditions imposed by a lower court is maintainable when the same conditions were already imposed by this Court in an earlier bail order.
1 provisions across 1 enactments
Samarendra Kumar Das
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
