Disposed

Dr. Surendranath Pati v. State of Odisha

Orissa HC6 Dec 2018CRLMC/3077/2018

Case brief

AI extract

What is this about?

Disposal of bail application challenging a Non-Bailable Warrant. The court noted the petitioner's willingness to surrender and cooperate, directing the trial court to grant bail on previous terms if the petitioner appears within four weeks.

What did the court decide?

Directions issued to the trial court to release the petitioner on bail on earlier terms if he appears within four weeks, subject to non-arrest pending compliance.

Dr. Surendranath Pati Vs State of Odisha — Bail and Remand | Orissa HC (2018)

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CRLMC No.3077 of 2018

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06.12.2018

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Heard the learned counsel for the petitioner 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 petitioner with a prayer to set-aside the N.B.W. issued vide order dated 23.08.2018 against him by the learned Special Judge, Vigilance, Bhubaneswar in T.R. No.15/81 of 2012/2000.

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It appears that the petitioner, who has been indicted in the aforesaid case, was on bail, but did not appear during the trial. As such, N.B.W. has been issued against the petitioner vide order dated 23.08.2018. However, the petitioner has come forward to challenge the same, but during course of hearing, it is submitted by the learned counsel for the petitioner that the petitioner is 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 him 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 petitioner is 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 petitioner appears before the trial court within a period of four weeks hence and make a motion for bail, the learned Special Judge, Vigilance, Bhubaneswar shall allow him to go on bail on earlier bail bond and surety and if the same has been cancelled, the petitioner may be directed to furnish fresh bail bond with similar terms and conditions as earlier imposed along with a condition that he 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 petitioner 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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Dr. Surendranath Pati v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dr. Surendranath Pati v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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