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1993 Supreme(Ori) 83

LINGARAJA RATH
BISHNU MALLICK – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
C.R.Das, D.P.Dhal

LINGARAJA RATH, J.


( 1 ) AN Assistant Sessions Judge acting as the Additional Sessions Judge, Jaipur having refused the applications of the petitioner to accept his surrender and release him on bail, he has filed his application under Section 482 of the Code of Criminal Procedure raising the question that once an accused surrenders before the Court and files an application for bail, the Additional Sessions Judge is either to allow him to go on bail or refuse the bail and remand him to custody, but cannot pass orders refusing to accept his surrender and entertain the application for his bail. The brief facts necessary to elucidate the submission are that the petitioner involved in an offence under Section 436, I. P. C. at the instance of the opposite party No. 2 as the informant. The police having submitted final form, the informant filed a complaint alleging offence under the same Section on which after holding an inquiry under Section 202, Cr. P. C. , the learned S. D. J. M. directed issue of summons to the petitioner. On receipt of summons, the petitioner moved an application before the Additional Sessions Judge, Jaipur to accept his surrender and also moved another application f






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