Disposed

Amulya Mallik@Radio Mallik v. State of Odisha

Orissa HC5 Apr 2019CRLMC/952/2019

Case brief

AI extract

What is this about?

The High Court disposed of a quashing application by observing that if the petitioner surrenders before the trial court within three weeks and applies for bail, the trial court should grant bail. An interim stay was issued against the execution of the N.B.W.(A) until the surrender deadline or the petitioner's court appearance. Any future default would not be protected by this stay.

What did the court decide?

Conditional stay on N.B.W.(A) until petitioner surrenders and applies for bail within three weeks.

Amulya Mallik@Radio Mallik Vs State of Odisha — Bail and Remand | Orissa HC (2019)

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CRLMC No.952 of 2019

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05.04.2019

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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 quash the order dated 18.06.2018 passed by the learned S.D.J.M., Jajpur in C.T. Case No.174 of 2018 issuing N.B.W.(A) against him.

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It appears that during the time of investigation, the petitioner, who has been indicted in the aforesaid case, was granted pre-arrest bail by this Court, but the police, without making arrest him, has submitted the charge-sheet showing him as absconder and thereafter, the learned Magistrate by taking note of the reported abscondance of the petitioner has issued N.BW.(A) against him vide order dated 18.06.2018. 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 now ready and willing to surrender before the trial Court and cooperate with the trial, the trial Court may be directed to release him 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, this CRLMC stands disposed of with an observation that if the petitioner surrenders before the trial Court within a period of three weeks hence and make a motion for bail in the aforesaid case, the Court in seisin over the matter shall allow him to go on bail on such terms and conditions as it may think just and proper 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 three

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weeks, whichever is earlier, the petitioner shall not be arrested pursuant to the N.B.W.(A) issued. It is made clear that in spite of this order, if the petitioner after his release again makes default in appearance, in the next coercive steps taken, this fact also be reflected by the trial court.

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

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………………….. S.Pujahari, J.

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Amulya Mallik@Radio Mallik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Amulya Mallik@Radio Mallik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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