Allowed

Muna Digal v. State of Odisha

Orissa HC25 Nov 2019BLAPL/3471/2019

Case brief

AI extract

What is this about?

An applicant in custody for an NDPS offence filed a bail application under Section 439 CrPC. The High Court considered arguments against release due to a prior similar case and flight but granted bail with strict reporting conditions to the investigation agency.

What did the court decide?

Petitioner released on bail with conditions to appear in person on case dates, not commit similar offences, and report weekly to IIC, Gochhapada between 10:00 am and 2:00 pm.

Muna Digal Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2019)

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BLAPL NO. 3471 OF 2019

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25.11.2019: The petitioner being in custody in connection with Gochhapada P.S. Case No.68 of 2018 arising out of C.T. Case No.40 of 2018 pending in the court of the learned Sessions Judge-cum-Special Judge, Phulbani running for the alleged commission of offence under section 20(b)(ii)(C) of the NDPS Act, has filed this application under section 439 of the Cr.P.C. for his release on bail.

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Learned Senior Counsel for the petitioner submits that this petitioner has not been caught at the spot and it is stated that he fled away from the vehicle at the right of police. It is submitted that merely because a similar type of case is running against the petitioner, he being the brother of the accused-Monaj Kumar Digal who is the owner of the vehicle, has been arraigned in the case. He further submits that in the meantime, the petitioner is in custody since 10.01.219 and investigation of the case is complete, when brother of the petitioner i.e. accused Manoj Kumar Digal being arrested is in custody. In view of all the above, and there remains no scope on the part of the petitioner to flee from justice and tamper the evidence; he urges for grant of bail to the petitioner.

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Learned counsel for the State opposes the move. According to him, the involvement of the petitioner in the earlier case for similar offence itself disentitled the petitioner from being released on bail. It is further submitted that this petitioner was known to the police officials and he having immediately managed to escape, has been apprehended later.

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Considering the submissions made and on going through the materials available on record, further keeping in view the surrounding circumstances including the period of detention of the petitioner in custody; it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that he will appear in person before the court in seisin of the case on each date of posting of the case; will not indulge himself in commission of similar type of offence; and will report before the IIC, Gochhapada P.S. on every Sunday in between 10.00 am to 2.00 pm for till conclusion of trial. Violation of any of the above condition shall entail cancellation of bail.

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The BLAPL is accordingly disposed.

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Issue urgent certified copy as per rules.

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…………………….. D. Dash, J.

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Narayan

Muna Digal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Muna Digal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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