PRATIMA NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner herein Pratima Nayak seeks to challenge the order dated 28.5.2010 passed by the learned JMFC, Nimapara in G.R. Case No. 55 of 2010 by which the learned Magistrate, after granting bail to the Petitioner under Section 167(2)(a)(i) of the Code of Criminal Procedure, later on refused to accept the bail bond and affidavit of the surety after taking note of the fact that, on the same day charge sheet was submitted against the accused-Petitioner at 5.00 P.M., prior to furnishing of the bail bond.

(2.) The Petitioner is an accused in Ramchandi P.S. Case No. 4 of 2010 for commission of offences under Sections 302, 309 and 364, I.P.C. corresponding to G.R. Case No. 55 of 2010.

(3.) Mr. Mohapatra, learned Counsel for the Petitioner submitted that since the prosecution had failed to submit the charge sheet in the case, in spite of lapse of 123 days since remand of the accused, an application was filed seeking bail under Section 167(2)(a)(i) of the Code of Criminal Procedure and by order dated 28.5.2010, the said application seeking bail came to be allowed and direction was given for release of the Petitioner on bail on furnishing bail bond of Rs. 30,000/- with one solvent surety for the like amount. But by a later order, on the same day i.e. 28.5.2010, the learned JMFC noted that the bail bond had not been filed and direction was issued to put up the record on the date fixed. But on the self-same day i.e. 28.5.2010 the order sheet reveals that at 5.00 P.M. the case record was put up before the learned Magistrate in his residential office, on receipt of charge sheet bearing No. 10 dated 22.5.2010 against the accused for commission of the offences under Sections 302, 309 and 364 I.P.C. and after the charge sheet was submitted on the same day i.e. on 28.5.2010, advocate for the Petitioner filed the bail bond and affidavit of the surety, but the same was not accepted on the ground that the charge sheet had been filed in the meanwhile by the prosecution, the bail application of the accused-Petitioner had become infructuous accordingly and the bail bond was not accepted.