Disposed

Venkatachari Sampatha v. State of Odisha

Orissa HC9 Jun 2020BLAPL/480/2020

Case brief

AI extract

What is this about?

In this bail application regarding non-bailable offences, the court notes the counsel's submission on Section 436-A Cr.P.C. but finds the lower court did not examine this angle. The matter is disposed of to allow the petitioner to raise the claim before the committing court in proper perspective.

What did the court decide?

Liberty granted to the petitioner to approach the learned court in seisin of the case to raise the point of release under Section 436-A Cr.P.C. for consideration in proper perspective and disposal.

Venkatachari Sampatha Vs State of Odisha — Bail and Remand | Orissa HC (2020)

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BLAPL No.480 of 2020

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09.06.2020 This is the second journey of the petitioner, who is in custody in Baripada Town P.S. Case No.301 of 2010 corresponding to G.R. Case No.1096 of 2010 further corresponding to C.T. Case No.1(C) of 2014 pending on the file of learned ADJ (Special Court)-cum-OPID, Baleswar, running for the alleged commission of offence under section 420/34 of the IPC read with section 4/5/6 PCMCS (Banning) Act and section 6 of OPID Act, in filing this application under section 439, Cr.P.C., for his release on bail.

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Mr.S.Pradhan, learned counsel for the petitioner, instead of pressing the bail application for its hearing on merits, submits that in view of the provision of section 436-A of the Cr.P.C., the petitioner is entitled to be released from custody. It is his further submission that since the petitioner is facing trial for commission of offence under section 420-34 of the IPC read with section 4/5/6 of the PCMCS (Banning) Act and section 6 of the OPID Act; the provision of section 436-A of the Cr.P.C. gets squarely attracted.

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Mr.B.Bhuyan, learned counsel appearing for the State in the OPID cases submits that subsequently the charge sheet having been submitted for the offence under section 420/406/467/468/471/34 of the IPC and section 4/5/6 of PCMCS (Banning) Act and section 6 of OPID Act, the provision of section 436-A of the Cr.P.C. would not come to the aid of the petitioner.

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Keeping in view, the above rival submission, the order dated 16.12.2019 passed by the learned Designated Court (OPID), Baleswar annexed to the bail application being perused; it is seen that before said court, the petitioner had not advanced

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the point as to his release from custody banking upon the provision of section 436-A of the Cr.P.C. and thus the court below has not examined the matter in that angle.

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In view of the aforesaid, this bail application stands disposed of granting liberty to the petitioner to approach the learned court in seisin of the case for his release from custody raising the point as aforesaid for its consideration in proper perspective and disposal in accordance with law.

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…………………..

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D. Dash,J.

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Basu

Venkatachari Sampatha v. State of Odisha

Case brief

What is this about?

What did the court decide?

Venkatachari Sampatha v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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