Raju Mallick v. State of Odisha
Case brief
What is this about?
The Single Judge rejected the successive bail application due to misuse of interim relief and risk of absconding, citing chance of absconding as a barrier to bail. The court directed the Trial Court to expedite the trial in pursuance of the Supreme Court observation in Hussain & Anr.
What did the court decide?
Bail rejected; Trial Court directed to speed up trial.
What the court decided
A compact analysis
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.
BLAPL No.10736 of 2019
- 18.02.2020
Heard learned counsel for the petitioner and the learned Additional Standing Counsel.
This successive bail petitioner has been filed after rejection of last one on 16.1.2019. It was rejected as the petitioner had misused the interim relief granted to him.
Learned Senior Counsel Mr. Dash submits that the petitioner was arrested on 20.11.2019 and due to illness he could not surrender before the trial Court.
Learned Additional Standing Counsel opposes the bail stating that the petitioner has absconded more than one year after securing the interim bail and thereby chance of absconding is not ruled out. In this nature of case when chance of absconding writs large, I am not inclined to grant bail to the petitioner.
Accordingly, prayer for bail stands rejected.
However, considering the submission made by learned counsel for the petitioner, the Trial Court is directed to speed up the trial to ensure its completion as per the observation made by the Hon’ble Supreme Court in the case of Hussain & Anr. v. Union of India , reported in (2017) 5 SCC 702.
………………………...
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the petitioner who has misused interim relief and has a high chance of absconding?
Whether the trial court is directed to expedite the trial to ensure completion as per Supreme Court observations?
Parties & counsel
- applicant
Petitioner
Coram
Dr. A. K. Mishra
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court