Allowed

Raj Kishore Dalei v. State of Odisha

Orissa HC8 Nov 2018BLAPL/4644/2018

Case brief

AI extract

What is this about?

In BLAPL No.4644 of 2018, the single judge granted bail to an accused in a case under Section 52(a)(i) of the Orissa Excise Act for carrying country-made liquor, observing the long period of detention.

What did the court decide?

The petitioner shall be released on bail in 2(a) C.C. No.57 of 2018 on such terms as deemed just and proper including a condition not to commit similar offences.

Raj Kishore Dalei Vs State of Odisha — Cheque Dishonour | Orissa HC (2018)

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BLAPL No.4644 of 2018

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08.11.2018: Learned counsel for the petitioner is not present presumably, in view of the cease work call given by the Orissa High Court Bar Association.

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None appears on behalf of the State. The record in connection with the case has also not been placed.

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The petitioner being in custody in connection with 2(a) C.C. No.57 of 2018 arising out of P.R. No.20/2018-19 of Sub-Inspector of Excise, Khallikote pending in the court of learned J.M.F.C., Kodala running for alleged commission of offence under section 52(a)(i) of the Orissa Excise Act, has filed this application under section 439 of the Cr.P.C. for his release on bail after being unsuccessful in his move before the learned J.M.F.C., Kodala in 2(a) CC No.57 of 2018. It appears from the said order that the petitioner has been in custody since 27.06.2018, the day of registration of the case in view of the rejection of the prayer for bail by the learned J.M.F.C., Kodala.

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Perusal of the document reveals that the allegation against the petitioner is that on the relevant date and time of raid by the excise personnels, he was found carrying 280 litres of country made I.D. liquor. Order of rejection reflects that the reasons taken for the same to be the alleged quantity of seizure of I.D. liquor and factum of progress of investigation.

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Keeping in view all the above; further taking into account the period of detention of the petitioner in custody and other surrounding circumstances, it is directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by

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// 2 //

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the court is seisin of the case with further condition that he will not indulge in commission of similar type of offence. This order be communicated immediately to the person concerned.

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The BLAPL is accordingly disposed.

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This order be communicated immediately to the person concerned.

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Issue urgent certified copy of this order as per rules.

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……………………..

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D. Dash, J.

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Basu

Raj Kishore Dalei v. State of Odisha

Case brief

What is this about?

What did the court decide?

Raj Kishore Dalei v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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