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2005 Supreme(Pat) 38

PATNA HIGH COURT
Narayan Roy, J.
Md.Illiyas Hussain
Versus
State Of Bihar
Criminal Miscellaneous No. 39320 of 2004 ;
Decided On : JANUARY 13, 2005

Headnote:Code of Criminal Procedure 1973-Section 439-Provisionar bail-Provisional bail refused as the petitioner can furnish the details for filing his nomination for coming Assembly Election from inside the jail. (Paras 5 & 6)

Judgment

1. Heard Mr. Prakash Narain Pandey, learned counsel for the petitioner, and Mr. Rakesh Kumar, learned counsel for the CBl, upon l.A. No. 41 of 2005, which has been filed on behalf of the petitioner for grant of provisional bail.

2. It appears that vide order dated 5.1.2005 the main bail application was directed to be listed after six weeks.

3. It is submitted by learned counsel for the petitioner that the petitioner has to file his nomination for the coming Assembly Election and for that purpose, he is required to go outside from the jail for some time.

4. Confronted with the question as to whether the petitioner can complete the formalities even by remaining inside the jail learned counsel for the CBi submits that there are provisions in the Representation of People Act that nomination can be filed from the jail itself and other formalities can also be completed with the permission of the Superintendent of the Jail.

5. Since the petitioner can furnish the details from inside the jail, in my opinion, he does not deserve grant of provisional bail.

6. Accordingly, prayer of the petitioner for grant of provisional bail is rejected.

7. I.A. No. 41 of 2005 stands disposed of.

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