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Judgment
Savitri Ratho, J
This application under Section 439 of Cr.P.C. has been filed in connection with Kujang P.S. Case No.523 of 2023 corresponding to G.R.Case No.1490 of 2023, pending in the Court of the learned J.M.F.C. (P), Kujang, registered under Sections 341, 294, 323, 324,325,307/34 of IPC.
When the case was listed on 01.02.2024, Mr. Asutosh Mohanty, learned counsel appearing on behalf of Mr.Akash Bhuyan, learned counsel for the petitioner had submitted that a memo for withdrawal had been filed by Mr.Akash Bhuyan, learned counsel and he produced the receipt no.13895 of 2024. In view of the memo filed for withdrawal, the BLAPL was dismissed as withdrawn on the said date (01.02.2024). But as Mr. Asutosh Mohanty, learned counsel was unable to say why the petitioner wanted to withdraw the bail application, a report had been called for from the learned trial Court regarding the status of the petitioner.
Perused the report dated 09.02.2024 of the learned J.M.F.C. (P), Kujang where it has been stated that chargesheet has been submitted and cognizance of offence has been taken against the petitioner on 24.01.2024 and he has been granted bail by the Court on 31.01.2024. From the report of the learned J.M.F.C. (P), Kujang, it appears that the petitioner has moved that Court for bail while this bail application was pending before this Court.
The withdrawal memo has not been scanned and incorporated in the digital record by the Registry and from the acknowledgement receipt/slip produced by Mr.S.K.Routray, learned counsel appearing on behalf of Mr.Akash Bhuyan, learned counsel it is forthcoming that a withdrawal memo has been filed on 30.01.2024.
As the petitioner has been released on bail by the learned J.M.F.C., Bhubaneswar when this BLAPL was pending in this Court, the order granting him bail is liable to be recalled. The learned J.M.F.C. (P), Kujang shall take necessary steps and submit a report to this Court.
Alongwith the compliance report, the learned J.M.F.C. (P), Kujang shall send a copy of the bail application and a scanned copy of the ordersheet in G.R. Case No.1490 of 2023 which arises out of Kujang P.S. Case No.523 of 2023.
List this matter on 02.04.2024.
Copy of the order be sent to the learned J.M.F.C. (P), Kujang.
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