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INDRAMANI SETH @ INDRA SETH v. STATE OF ORISSA

Supreme Court of India | Diary 1026/2015

Status

ROP - of Main Case

Decided On

02-02-2015

Bench

Petitioner

INDRAMANI SETH @ INDRA SETH

Respondent

STATE OF ORISSA

Primary Holding

Observations made by a superior court while considering a bail application are not binding on the trial court and shall not influence its independent adjudication of a subsequent bail application.

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Full Judgment Text

ITEM NO.26 COURT NO.12 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.)...... CRLMP No(s). 1358/2015 (Arising out of impugned final judgment and order dated 30/07/2014 in BALPL No. 31465/2013 passed by the High Court Of Orissa At Cuttack) INDRAMANI SETH @ INDRA SETH Petitioner(s) VERSUS STATE OF ORISSA Respondent(s) (with appln. (s) for c/delay in filing SLP) Date : 02/02/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. J.P.N. Gupta, Adv. Mr. I.M. Singh, Adv. Mr. K. L. Janjani,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for the petitioner. Delay condoned. No ground for interference is made out to exercise our jurisdiction under Article 136 of the Constitution of India. The special leave petition is dismissed. However, the petitioner is at liberty to file application for bail before the appropriate Court and the observations made by the High Court while considering the application for bail shall not influence the trial judge at the time of considering and deciding the application for bail. (VINOD KR.JHA) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER

ITEM NO.26 COURT NO.12 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.)...... CRLMP No(s). 1358/2015 (Arising out of impugned final judgment and order dated 30/07/2014 in BALPL No. 31465/2013 passed by the High Court Of Orissa At Cuttack) INDRAMANI SETH @ INDRA SETH Petitioner(s) VERSUS STATE OF ORISSA Respondent(s) (with appln. (s) for c/delay in filing SLP) Date : 02/02/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. J.P.N. Gupta, Adv. Mr. I.M. Singh, Adv. Mr. K. L. Janjani,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Heard learned counsel for the petitioner. Delay condoned. No ground for interference is made out to exercise our jurisdiction under Article 136 of the Constitution of India. The special leave petition is dismissed. However, the petitioner is at liberty to file application for bail before the appropriate Court and the observations made by the High Court while considering the application for bail shall not influence the trial judge at the time of considering and deciding the application for bail.Signature Not VerifiedDigitally signed by (VINOD KR.JHA) (MALA KUMARI SHARMA)Vinod KumarDate: 2015.02.0317:11:03 IST COURT MASTER COURT MASTERReason:

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