Disposed

Bhimsen Sahu v. State of Odisha

Orissa HC6 Dec 2018CRLMC/2860/2018

Case brief

AI extract

What is this about?

The High Court disposed of an application seeking quashing of a non-bailable warrant issued during a trial where the petitioners were absent on bail. The Court permitted the petitioners to surrender before the trial court and applied for bail on original terms within one month, staying arrest orders until then.

What did the court decide?

Stayed arrest for four weeks or appearance; directed trial court to let petitioner go on bail if applicable.

Bhimsen Sahu Vs State of Odisha — Bail and Remand | Orissa HC (2018)

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CRLMC No.2860 of 2018

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06.12.2018

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Heard the learned counsel for the petitioners and the learned counsel for the State.

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This application under Section 482 of Cr.P.C. has been filed by the petitioners with a prayer to quash the N.B.W. issued vide order dated 15.02.2016 against them by the learned J.M.F.C., Kantabanji in G.R. Case No.102 of 2002.

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It appears that the petitioners, who have been indicted in the aforesaid case, were on bail, but did not appear during the trial. As such, N.B.W. has been issued against the petitioners vide order dated 15.02.2016. However, the petitioners have come forward to challenge the same, but during course of hearing, it is submitted by the learned counsel for the petitioners that the petitioners are ready and willing to surrender before the trial court and cooperate with the trial and, as such, the learned trial court may be directed to release them on bail on the same terms and conditions as imposed at the time bail.

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Considering the aforesaid facts and submissions made, especially the fact that the petitioners are ready and willing to surrender to custody of the court and cooperate with the trial, this CRLMC stands disposed of with an observation that if the petitioners appear before the trial court within a period of four weeks hence and make a motion for bail, the learned J.M.F.C., Kantabanji shall allow them to go on bail on earlier bail bond and surety and if the same has been cancelled, the petitioners may be directed to furnish fresh bail bonds with similar terms and conditions as earlier imposed along with a condition that they shall cooperate with the trial.

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Till the aforesaid date, i.e., either the date of appearance before the trial court or on expiry of four weeks, whichever is earlier, the petitioners shall not be arrested pursuant to the N.B.W. issued.

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Urgent certified copy of this order be granted on proper application.

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…………………..

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S.Pujahari, J.

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Bhimsen Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bhimsen Sahu 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

Coram

Case details

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