SURENDRA KUMAR SAMAL Vs. STATE

JUDGEMENT

(1.) THIS CRLMA is filed under Section 439(2) of Cr.P.C. with a prayer to cancel the bail granted in favour of accused -opp. Party No. 2 by the learned J.M.F.C., Barbil in G.R. Case No. 124 of 2004 on 25.3.2004. Opp.Party No. 2 and some others have been arrayed as accused in the aforesaid G.R. Case for the offence under Sections 379/323/34 I.P.C.

(2.) ON a petition for bail filed on behalf of the accused -opp.Party No. 2 the J.M.F.C., Barbil released him on bail on 25.3.2004 holding that the offences are bailable in nature while in fact Section 379 I.P.C. is a non -bailable one. Hence the petition for cancellation of the bail order.

(3.) IT is submitted by learned counsel for the applicant that even though the offence under Section 379 I.P.C. is non -bailable in nature, the Court below carelessly held it to be a bailable offence and accordingly released the accused -opp.Party No. 2 on bail.