Disposed

Cheru@Nilanchal Bisoyi v. State of Odisha

Orissa HC20 Feb 2019CRLMC/103/2019

Case brief

AI extract

What is this about?

Court dismissed part of criminal miscellaneous application regarding one petitioner as not pressed. Regarding others, court disposed of matter conditioning future bail on surrender, trial cooperation, and appearance before trial court within four weeks, staying arrest of N.B.W.(A).

What did the court decide?

N.B.W.(A) stay on petitioners until they appear before trial court or four weeks expire; trial court to grant bail on terms if they cooperate.

Cheru@Nilanchal Bisoyi Vs State of Odisha — Bail and Remand | Orissa HC (2019)

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CRLMC No.103 of 2019

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20.02.2019

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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 recall the order dated 6.4.2018 passed by the learned A.S.J.-cum-A.C.J.M., Berhampur in S.T. Case No.111/17 (S.T. 131/2015) wherein N.B.W.(A) has been issued against them.

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It is submitted by the learned counsel for the petitioners that in the meantime petitioner no.2-Nilanchal Muduli @ Kalia has already been arrested. Hence, the prayer is not pressed for him.

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In view of such submission, the CRLMC is dismissed being not pressed in respect of the petitioner no.2.

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So far as the petitioners no.1 and 3, namely, Cheru @ Nilanchal Bisoyi and Manoj Kumar Bisoyi @ Bantu are concerned, it appears that the petitioners no.1 and 3, who have been indicted in the aforesaid case, were on bail, but when they did not appear before the Court below and no step was taken on their behalf on the date fixed, N.B.W.(A) has been issued against them vide order dated 6.4.2018. However, the petitioners no.1 and 3 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 no.1 and 3 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 any terms and conditions as it may deem just and proper.

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Considering the aforesaid facts and submissions made, especially the fact that the petitioner no.1 and 3 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 petitioner no.1 and 3 appear before the trial Court within a period of four weeks hence and make a motion for bail in the aforesaid case, the Court in seisin over the matter shall allow them to go on bail on such terms and conditions as it may think just and proper 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 petitioner no.1 and 3 shall not be arrested pursuant to the N.B.W.(A) issued.

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

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…………………..

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Cheru@Nilanchal Bisoyi v. State of Odisha

Case brief

What is this about?

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Cheru@Nilanchal Bisoyi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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