Sushanta Patra Vs. State of Orissa - Court Judgment

Excerpt:

.....appeal shall lie. even otherwise, the word judgment as defined under section 2(9) means a statement given by a judge on the grounds of a decree or order. thus the contention that against an order passed by a single judge in an appeal filed under section 104 c.p.c., a further appeal lies to a division bench cannot be accepted. the newly incorporated section 100a in clear and specific terms prohibits further appeal against the decree and judgment or order of a single judge to a division bench notwithstanding anything contained in the letters patent. the letters patent which provides for further appeal to a division bench remains intact, but the right to prefer a further appeal is taken away even in respect of the matters arising under the special enactments or other instruments having the force of law be it against original/appellate decree or order heard and decided by a single judge. it has to be kept in mind that the special statute only provide for an appeal to the high court. it has not made any provision for filing appeal to a division bench against the judgment or decree or order of a single judge. no letters patent appeal shall lie against a judgment/order passed by a..........nature of allegation made against the petitioner, who is stated to be serving as an employee of icici bank, bhubaneswar, it is directed that in the event of arrest of the petitioner in connection with soro p.s. case no. 144 of 2007 corresponding to crl. trl. (g.r.) case no. 284 of 2007 pending in the court of learned j.m.f.c., soro, he shall be released on bail on furnishing a bond of rs. 25,000/-(rupees twenty five thousand) to the satisfaction of the arresting officer subject to further condition that the petitioner shall appear before the investigating officer as and when required.3. this order shall remain in force till submission of the final form.in the event, the charge-sheet is filed, the petitioner, if so advised, may surrender before the court below and move for regular bail.4. the blapl is accordingly disposed of. urgent certified copy of this order be granted on proper application.

Judgment:

ORDER

M.M. Das, J.

Heard learned Counsel for the petitioner, learned Counsel for the informant and the learned Counsel for the State.

This is an application under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner.

1. Allegation of commission of offence under Sections 498A/34 I.P.C. read with Section 4 of the D.P. Act has been made against the petitioner who is the husband of the informant. Such allegation has been made only after a couple of month from the date of marriage. It appears that the petitioner has filed C.S. No. 722 of 2007 before the Court below under Section 9 of the Hindu Marriage Act for restitution of conjugal rights.

Learned Counsel for the informant-wife vehemently argues that the petitioner had relationship with another lady and when the informant objected to the same, the petitioner threatened the informant to drive her out of his house.

Since the civil suit for restitution of conjugal rights is pending, I express no opinion in this regard.

2. Considering the nature of allegation made against the petitioner, who is stated to be serving as an employee of ICICI Bank, Bhubaneswar, it is directed that in the event of arrest of the petitioner in connection with Soro P.S. Case No. 144 of 2007 corresponding to Crl. Trl. (G.R.) Case No. 284 of 2007 pending in the Court of learned J.M.F.C., Soro, he shall be released on bail on furnishing a bond of Rs. 25,000/-(Rupees twenty five thousand) to the satisfaction of the Arresting Officer subject to further condition that the petitioner shall appear before the Investigating Officer as and when required.

3. This order shall remain in force till submission of the final form.

In the event, the charge-sheet is filed, the petitioner, if so advised, may surrender before the Court below and move for regular bail.

4. The BLAPL is accordingly disposed of. Urgent certified copy of this order be granted on proper application.