ARJUN ALIAS KHORU GOURIYA Vs. STATE OF C G

JUDGEMENT

(1.) HEARD.

(2.) THIS is a matter pertaining to a show cause notice issued to the Applicant who had initially filed an application for grant of regular bail under Section 439 of the Code of Criminal Procedure.

(3.) THIS matter was taken up on 8.12.2004 and this Court directed for calling the case diary and posting of the case after the same is received. Thereafter, it was posted for 7.1.2005 and 27.1.2005 and when nobody appeared on 27.1.2005 it was adjourned and ultimately when it was taken up on 24.6.2005, learned Counsel for the Applicant informed to this Court that the Applicant was already released on bail by the court below and he prayed for withdrawal of this application. However, he prayed for time to verify as to from which court the Applicant was released on bail. On 5.7.2005 the counsel furnished information that the Applicant was released on bail by the 2nd A.S.J. Baloda Bazar. On this, the court directed for calling an explanation from the concerned court as to how the bail application of the Applicant was considered by the said court when the same was pending in the High Court. The Court below informed that the application on behalf of the Applicant was filed suppressing the fact of pendency of the bail application before the High Court and stating that no bail application either before the Sessions Court or High Court was pending.