Disposed

Nirakar Bhol v. State of Odisha

Orissa HC6 Dec 2018CRLMC/3048/2018

Case brief

AI extract

What is this about?

, the High Court disposed of the quashing application regarding a N.B.W. The court directed that if petitioners appear within four weeks and seek bail, the trial court shall grant bail on earlier terms. Arrest during this period is stayed.

What did the court decide?

Stay on arrest till appearance or expiry of four weeks; directed lower court to grant bail on earlier terms if accused appear.

Nirakar Bhol Vs State of Odisha — Anticipatory Bail | Orissa HC (2018)

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CRLMC No.3048 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 10.01.2018 against them by the learned S.D.J.M., Bhadrak in G.R. Case No.1882 of 2016.

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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 10.01.2018. 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 S.D.J.M., Bhadrak 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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Nirakar Bhol v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nirakar Bhol 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

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