Orissa High Court
Rajesh Kumar Sethy vs State Of Orissa .... Opp. Party on 1 August, 2023
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1925 of 2023
Rajesh Kumar Sethy .... Petitioner
Mr. B.K. Routray, Advocate
-versus-
State of Orissa .... Opp. Party
Mr. S.R. Roul, ASC
CORAM:
JUSTICE G. SATAPATHY
ORDER
Order No. 01.08.2023 03. 1. This matter is taken up through Hybrid
Arrangement (Virtual /Physical Mode).
2. Mr. B.K. Routray, learned counsel for the Petitioner files a memo to not press the bail application of the Petitioner. On being asked the reason for not pressing the bail application, Mr. B.K. Routray submits that the Petitioner has already been released on bail by the learned District Court during the pendency of the bail application before this Court.
In such situation, this Court fails to understand as to how the Petitioner had approached the learned District Court for grant of bail during the pendency of the present bail application and it, thereby, appears to this Court that the Petitioner have approached two forums // 2 // having concurrent jurisdiction simultaneously for grant of bail to him which is not permissible.
3. Hence, a report be called for from the learned District and Sessions Judge, Khurda at Bhubaneswar as to whether the Petitioner Rajesh Kumar Sethy had been released on bail as informed by learned counsel for the Petitioner and if so, whether the said Petitioner had furnished a certificate at the foot of bail application indicating therein that no such bail application is pending before any other forum.
4. The aforesaid report be submitted to this Court by 8th August, 2023 positively for taking further action in the matter. Office is requested to communicate a scanned copy of this order along with the digitized copy of bail application filed by the Petitioner to the learned District and Sessions Judge, Khurda at Bhubaneswar for submission of desired report.
( G. Satapathy) Judge Priyajit Signature Not Verified Digitally Signed Signed by: PRIYAJIT SAHOO Designation: Jr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 02-Aug-2023 15:34:36