Allowed

Mahendra Pradhan@Padhan v. State of Orissa

Orissa HC4 Jan 2017BLAPL/2192/2016

Case brief

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What is this about?

The court considered an application for bail under section 439 Cr.P.C. The petitioners were accused of raising hemp plants on jointly recorded land. Finding no material proving the petitioner's direct involvement and noting he is a local with no flight risk, the court granted bail on a bond of Rs.50,000 with solvent sureties.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs.50,000 with two solvent sureties each for Rs.50,000 to the Special Court, Angul.

Heard learned counsel for the petitioner and the learned Addl. Standing Counsel for th e State on the application under section 439 Cr.P.C. for release of the petitioners on bail wh o allegedly involved for the offence under section 20(a)(c) of N.D.P.S. Act.

Learned counsel for the petitioner submits that the petitioner has been only apprehend ed by the police suspecting him to have raised hemp plants illegally without any material on r ecord. He further submits that charge sheet has been submitted in this case and the petitioner is in custody since 22.12.2015 for which lenient view may be taken to release the petitioner on bail on any condition as deemed just and proper. Learned Addl. Standing Counsel opposes the prayer for bail.

Considering the submissions of learned counsel for the respective parties, regard being had to the facts and circumstances of the case including the fact that the hemp plans were ra ised in the land which is jointly recorded and there is no witness to raising of hemp plants i n the land of the present petitioner, fact that charge sheet has been submitted and fact that the petitioner being local person, there is no chance of their absconding or influencing the w itnesses, let the petitioner be released on bail on furnishing bail bond of Rs.50,000.00 (rupe es fifty thousand) with two solvent sureties each for the like amount to the satisfaction of t he learned Judge, Special Court, Angul in Special (NDPS) Case No.118 of 2015 with the conditio ns that (i) The petitioner shall appear before the court in seisin over the matter on each dat e of posting; (ii) he shall not tamper with the prosecution witnesses directly or indirectly; and (iii) he shall not commit any offence while on bail. Violation of any of the aforesaid terms shall entail cancel lation of

Mahendra Pradhan@Padhan v. State of Orissa

Case brief

What is this about?

What did the court decide?

Mahendra Pradhan@Padhan v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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