An accused can withdraw a bail application and file a fresh application after examining the material witnesses.

Headnote:
Fact of the Case:

The petitioner, an accused in a case involving alleged offenses under Sections 498(A)/304-B/294/306/506 of IPC and Section 4 of the Dowry Prohibition Act, filed a bail application under Section 439 of the Code of Criminal Procedure (CrPC). The application was rejected by the learned Sessions Judge, Mayurbhanj, Baripada.
Finding of the Court:

The High Court of Orissa at Cuttack allowed the petitioner to withdraw the bail application with liberty to move afresh before the learned Court in seisin after examination of the material witnesses.
Issues: Whether the petitioner should be granted bail under Section 439 of the CrPC.
Ratio Decidendi: The court held that the petitioner could withdraw the bail application and file a fresh application after examining the material witnesses.
Final Decision: The bail application was disposed of as withdrawn with liberty to file a fresh application.

Page 1 of 2

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11319 of 2022

Mohan Khilar

….

Petitioner

Mr. K. Mohanty, Advocate

-versus-

State of Odisha

….

Opposite Party

Mr. P.K. Maharaj, ASC

CORAM: JUSTICE V. NARASINGH

Order No.

ORDER

04.01.2023

02.

Heard learned counsel for the petitioner and learned

counsel for the State.

The petitioner is an accused in C.T. Case No.558 of 2022,

pending in the Court of the learned S.D.J.M., Udala, arising out of

Udala P.S. Case No.196 of 2022 for commission of alleged

offences under Sections 498(A)/304-B/294/306/506 of IPC read

with Section 4 of D.P. Act.

Being aggrieved by the rejection of his application for bail

U/s.439 Cr.P.C. by the learned Sessions Judge, Mayurbhanj,

Baripada by order dated 28.09.2022 in the aforementioned case, the

present BLAPL has been filed.

Learned counsel for the petitioner seeks permission to

withdraw the bail application with liberty to move afresh before the

learned Court in seisin after examination of the material witnesses.

Giving such liberty, the BLAPL stands disposed of as

withdrawn.

Page 2 of 2

It is needless to state here that if such an application is

filed, the same shall be considered on its own merit.

(V. NARASINGH)

Judge

Santoshi

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