Vijay Ezing v. THE STATE OF AP
Case at a glance
Outcome
Disposed of
In view of the above, this bail application is disposed of with a liberty
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 120(B), 409, 411
- Prevention of Corruption Act, 1988
Judgment
1:Vijay Ezing S/o Shri Tapok Ezing, Village Remi, PO Bilat, PS Ruksin, East Siang District, Arunachal Pradesh. VERSUS 1:THE STATE OF AP Represented by the Special Prosecutor, CBI Advocate for the Petitioner : Jumgam Jini Advocate for the Respondent : Marto Kato BEFORE HONBLE MR. JUSTICE NANI TAGIA ORDER Date : 23-01-2023 Heard Mr. J. Jini, learned counsel for the applicant and Mr. D. Loyi, learned counsel appearing on behalf of Mr. M. Kato, learned Standing Counsel for the Central Bureau of Investigation(CBI). This is an application filed under Section 439 of the Code of Criminal Procedure, 1973, praying for grant of bail to the accused, Shri Loth Ezing, who was arrested on 29.09.2022 in connection with the CBI P.S. Case No.RC0172022A0009 u/s 120(B) read with Sections 409/411 IPC & 7& 3(2)(1) Page No.# 2/2 (a) of the PC Act, 1988. The applicant has filed this bail application for release of the accused, namely, Shri Loth Ezing, on bail in connection with CBI P.S. Case No.RC0172022A0009 u/s 120(B) read with Sections 409/411 IPC & 7&13(2)(1) (a) of the PC Act, 1988 on the ground, inter alia, that the bail application filed before the learned Special Judge( Prevention of Corruption Act), Yupia, for release of the accused on bail was rejected vide order dated 10.01.2023, primarily, on the ground that the bail rejection order passed by the Hon’ble High Court on an application filed for release of the accused, Shri Loth Ezing in connection with CBI P.S. Case No.RC0172022A0009 u/s 120(B) read with Sections 409/411 IPC & 7&13(2)(1)(a) of the PC Act, 1988 was not annexed at the time of the bail application being B.A. No.08/2022 was filed before the learned Special Judge(Prevention of Corruption Act), Yupia.
Operative part
In view of the above, this bail application is disposed of with a liberty granted to the applicant to approach the learned Special Judge(PCA), Yupia, again for bail of the accused in connection with CBI P.S. Case No.RC0172022A0009 u/s 120(B) read with Sections 409/411 IPC & 7&13(2)(1) (a) of the PC Act, 1988 after enclosing all the relevant earlier bail order(s) passed by all the Courts. As and when such a fresh bail application is filed by the applicant, the learned Special Judge(PCA), Yupia shall consider the bail application filed by the applicant on merit and strictly in accordance with law. With the above direction, this bail application stands disposed of. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, this bail application is disposed of with a liberty
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — ss. 120(B), 409, 411; Prevention of Corruption Act, 1988.
Which court decided this case, and when?
Gauhati High Court, on 23 Jan 2023. The bench was NANI TAGIA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.