Bail application filed under section 439 Cr.P.C. for petitioner arrested in NDPS case. Court granted bail considering prior bail order, long detention, and subsequent offense allegations, directing appearance on future dates.
Petitioner released on bail with condition to personally appear on each date of posting.
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BLAPL No.4710 of 2018
Learned counsel for the petitioner is absent presumably, in view of the cease work call given by the Orissa High Court Bar Association.
None appears on behalf of the opp.party-State. The record pertaining to the case has also been placed.
The younger brother of the petitioner has submitted an application before the Registry for consideration and early disposal of the matter for grant of bail. The application with relevant documents have been tagged to the record.
This is an application under section 439 Cr.P.C. for grant of bail to the petitioner in G.R. Case No. 06 of 2017 arising out of Mohana P.S. Case No. 20 of 2017 running for alleged commission of offence under section 20(b)(ii)(B) of NDPS Act.
The petitioner was on bail in the aforesaid case by order dated 7.4.2017 passed by this Court in BLAPL No. 1288 of 2017. However, for his none appearance on the date fixed as had been directed by the court in seisin of the case, finally NBW was issued and on the strength of the same the petitioner having been arrested, he is now in custody since 10.6.2018.
Perusal of the order dated 25.06.2018 passed by learned Sessions Judge-cum-Special Judge, Gajapati, Parlakhemundi under Annexure-3 reveals that the main ground taken for rejection of the prayer for grant of bail to the petitioner is his subsequent involvement in commission
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of similar type of offence. The petitioner’s version on the score is that he has been falsely implicated therein.
Considering the factum of earlier grant of bail to the petitioner; further viewing the long period of detention of the petitioner in custody in the instant case, and taking note of other surrounding circumstances; it is directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed fit and proper by the court in seisin of the case with further condition that he would personally appear on each date of posting of the case before the court without fail.
The BLAPL stands disposed of.
Issue urgent certified copy as per rules.
…………………….. D. Dash, J.
Aks
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2 issues framed by the court
Whether to grant bail to the petitioner despite his prior arrest and no-shows for a subsequent offense.
Whether the long period of detention necessitates release on bail under section 439 Cr.P.C.
2 provisions across 2 enactments
Petitioner
State
D. Dash
Aks
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
