The Supreme Court dismissed a bail application under section 439 Cr.P.C. in an NDPS case, holding that the petitioner who had flouted interim bail conditions and failed to surrender was not eligible for bail.
Bail to the petitioner was denied; directions issued to arrest the petitioner.
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. 174 of 2019
Siba Dakua … Petitioner -Versus- State of Odisha … Opp. party
This is an application under section 439 Cr.P.C. in connection with Baipariguda P.S. Case No.98 of 2018 corresponding to T.R. Case No. 45 of 2018 pending in the file of learned Sessions Judge -cum- Special Judge, Koraput at Jeypore for alleged commission of offences under sections 20(b)(ii)(C)/29 of the N.D.P.S. Act.
The prayer for bail of the petitioner has been rejected by the learned Special Judge, Koraput-Jeypore vide order dated 17.09.2018.
Since the petitioner has flouted the terms and conditions of the interim bail and has not surrendered before the learned trial Court in time after availing the interim bail period, I am not inclined to grant bail to the petitioner.
Accordingly, the BLAPL is dismissed.
The learned trial Court shall take every possible step to arrest the petitioner. A copy of the order be communicated to the learned trial Court for compliance.
S.K. Sahoo, J.
…………………..……
RKM
2 issues framed by the court
Whether bail should be granted to the petitioner who has flouted terms of interim bail and failed to surrender.
Whether the bail application under section 439 Cr.P.C. should be allowed despite the breach of bail conditions.
2 provisions across 2 enactments
Siba Dakua
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
