Allowed

Pintu Gouda@Amar Gouda v. State of Odisha

Orissa HC1 Nov 2018BLAPL/6326/2018

Case brief

AI extract

What is this about?

The court granted bail to a petitioner charged under the Orissa Excise Act for carrying illicit liquor who was in custody. Despite noting the Additional Sessions Judge's observation of the petitioner being a habitual criminal without specific prior cases, the court ordered release on bail with conditions.

What did the court decide?

Petitioner released on bail with conditions deemed just and proper by the court, including a condition not to commit similar offenses.

Pintu Gouda@Amar Gouda Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2018)

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BLAPL NO.6326 OF 2018

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01.11.2018: 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 G.R. Case No.381 of 2018 arising out of Aska P.S. Case No.205 of 2018 pending in the court of learned J.M.F.C., Aska 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 Additional Sessions Judge, Aska, Ganjam in B.A. No.475 of 2018 on 04.09.2018. It appears from the said order that the petitioner has been in custody since 28.08.2018, the day of registration of the case in view of the rejection of the prayer for bail by the learned J.M.F.C., Aska.

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Perusal of the F.I.R. reveals that the allegation against the petitioner is that on the relevant date and time of raid by the police personnels, he was found carrying 200 litres of country made I.D. liquor. The order of the learned Additional Sessions Judge though finds mention that the petitioner is a habitual criminal; yet no such specific case has been referred to.

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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

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// 2 //

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such terms and conditions as deemed just and proper by the court is seisin of the case with further condition that he will not indulge in commission of similate 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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Issue urgent certified copy as per rules.

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……………………..

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D. Dash, J.

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Basu

Pintu Gouda@Amar Gouda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pintu Gouda@Amar Gouda v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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