Can an accused withdraw a bail application with liberty to renew within a stipulated period?

Orissa High Court permits withdrawal of interim bail petitions with liberty to renew within two months, reaffirming procedural discretion in criminal practice; serves as persuasive authority for similar procedural withdrawals.

 

Summary

Category Data
Case Name BLAPL/4733/2025 of SIDHARTHA SATPATHY Vs STATE OF ODISHA
CNR ODHC010302502025
Date of Registration 02-05-2025
Decision Date 18-08-2025
Disposal Nature Disposed Off
Court Orissa High Court
Judgment Author MR. JUSTICE GOURISHANKAR SATAPATHY
Bench Single Judge
Precedent Value Procedural Guidance
Overrules / Affirms Affirms existing procedural practice
Type of Law Criminal Procedure
Questions of Law Whether a bail application can be withdrawn with liberty to renew if personal recognizance is not submitted within two months
Ratio Decidendi
  • The petitioners sought permission to withdraw their bail applications, subject to liberty to renew if personal recognizance is not furnished within two months.
  • On the joint prayer of learned counsel, the Court allowed the applications to be withdrawn.
  • The Court granted liberty to the petitioners to move afresh for bail within two months if the prescribed personal recognizance was not submitted.
  • Accordingly, both bail petitions were disposed of as withdrawn, in accordance with the petitioners’ prayer.

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