KISHORE KUMAR SAHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner, accused of having committed an offence under Section 302/201 of the Indian Penal Code and Section 25/27 of the Arms Act, has filed this application for releasing him on bail.

(2.) EVEN though in paragraph 1 of the bail application, it has been stated that the petitioner was charge -sheeted for commission of offence punishable under Section 304/201 of the Indian Penal Code and Section 25/27 of the Arms Act, on the basis of a written report lodged by one Om Prakash Saha, but on verification of the record, it is found that F.I.R. was lodged for commission of offence under Section 302 of the Indian Penal Code and 25 of the Arms Act and charge sheet dated 6.7.2004 was submitted against the accused for offence under Section 302/201 of the Indian Penal Code as well as 25/27 of the Arms Act.

(3.) LEARNED Sessions Judge has disposed of the said application with the observation that "On 12.7.2004, a petition was filed invoking the provision of Section 167 (2) of the Cr.P.C. for release of the accused on bail and by the time of passing the order the charge sheet was on record though cognizance was not taken. As such his petition has been rightly rejected. That apart the order has not been challenged. Thereafter the petition for bail was filed which was also rejected. Hence the petition now filed under Section 167(2) of the Cr.P.C. is not maintainable and is rejected."