The High Court dismissed the bail petition filed by Nirmal Sahoo regarding Section 302/201 IPC offence for nonprosecution, citing his failure to appear and alleged bench-hunting conduct.
Bail petition dismissed for nonprosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CORAM : Hon’ble Shri Justice S. Pujahari
ABLAPL No.1099 of 2020
Nirmal Sahoo & Beda @ Chitta … Petitioner
State of Orissa … Opp. Party
ORDER
The petitioner apprehending his arrest in Kamakhyanagar P.S. Case No.80 of 2019 corresponding to G.R. Case No.133 of 2019 pending in the court of S.D.J.M., Kamakhyanagar registered for alleged commission of offences punishable under Sections 302/201 IPC has filed this petition for his release on prearrest bail.
It appears that during pendency of this petition, which has been adjourned on two earlier occasions, the petitioner without disclosing the same has filed the connected ABLAPL No.9532 of 2020. The same has been dismissed as withdrawn today.
The aforesaid speaks that the petitioner is an unscrupulous one and he is engaged in Bench hunting. Therefore, no one appears for the petitioner when the matter was called.
Hence, this ABLAPL stands dismissed for nonprosecution.
…………………….. S.Pujahari, J.
PKS
2
3 issues framed by the court
Whether the bail petition should be dismissed for nonprosecution due to the petitioner's failure to appear and alleged bench-hunting.
Whether the petitioner's undisclosed filing of another connected bail application warrants dismissal.
Whether the petitioner apprehending arrest under Sections 302/201 IPC is entitled to release on pre-arrest bail.
Nirmal Sahoo
Beda
State of Orissa
Shri S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
