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IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Rajesh Panda @ Rajesh Panda – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. application filed under cr.p.c. for bail. (Para 1) |
| 2. submission of bail applications and suppressions. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 3. importance of transparency in court proceedings. (Para 9 , 10) |
| 4. order dismissing bail application and procedural directives. (Para 11 , 12 , 13 , 14 , 15) |
ORDER :
1. This is an application under Section 4 39 of the Cr.P.C. in connection with Sahadevkhunta P.S. Case No. 350 of 2023 corresponding to C.T. Case No. 729 of 2023 pending in the Court of the learned S.D.J.M., Balasore registered for commission of offences punishable under Sections 498 -A, 302, 304-B, 34 of IPC read with Section 4 of D.P. Act.
2. Mr. Abhijit Mohanty, learned counsel for the petitioner files a memo stating that the case has in the meanwhile been committed to the Court of the learned District and Sessions Judge, Balasore and re-numbered as S.T. Case No. 14 of 2024 and is posted for framing of charge. As per instructions received from the client, the bail application may be permitted to be withdrawn with the liberty to renew the prayer before the learned Court below after framing of charge.
3. On 07.03.2024, Mr. P.C. Jena, learned counsel for the petitione
Suppression of material facts in bail applications undermines the integrity of judicial proceedings, warranting a review and possible recall of previously granted bail.
(1) Contempt of court – A litigant who attempts to pollute stream of justice or who touches pure fountain of justice with tainted hands, is not entitled to any relief, interim or final.(2) Grant of b....
A party seeking bail must maintain integrity in court proceedings, and any manipulation or suppression of facts results in the rejection of the application.
The court emphasized that the improper granting of bail due to concealment of a pending application violates judicial discipline, necessitating careful consideration by subordinate courts to prevent ....
Judicial discipline mandates that subsequent bail applications following a withdrawal should be presented to the same judge to ensure consistency and prevent potential abuse of judicial processes.
The applicant, who concealed facts and filed a false affidavit, and made a mockery of the orders of the lower court by avoiding the process of summon, bailable warrant, non-bailable warrant, and the ....
Judicial consistency dictates similar treatment in bail applications, particularly for co-accused with analogous claims, based on prior decisions.
Prolonged incarceration justifies reconsideration of bail applications; prior rejections do not prevent courts from reevaluating bail based on changed circumstances.
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