Dismissed

Pabitra Nahak v. State of Odisha

Orissa HC3 Dec 2021ABLAPL/11329/2021

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a petition for pre-arrest bail. The petitioner did not press the petition but sought direction to the courts below to handle a future surrender and bail application expeditiously on the same day.

What did the court decide?

Direction given to the court below to dispose of the petitioner's future bail application upon surrender on the same day without arrest protection prior to surrender.

Pabitra Nahak Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.11329 of 2021

Pabitra Nahak

Petitioner

-versus-

State of Odisha

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…. Opposite Party

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CORAM: THE JUSTICE S.PUJAHARI

ORDER

Order No.

03.12.2021

This matter is taken up through Hybrid mode.

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The Petitioner apprehending his arrest in Deogarh P.S. Case No.254 of 2021 corresponding to Special G.R. Case No.22 of 2021 pending in the court of learned District Judgecum-Special Court, Deogarh registered for alleged commission of offence punishable under Section 20(b)(ii)C of the N.D.P.S Act has filed this petition for his release on pre-arrest bail.

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Heard learned counsel for the Petitioner and learned counsel for the State.

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Learned counsel for the Petitioner during the course of argument submits that he does not want to press this petition for pre-arrest bail. However, it is submitted that since the Petitioner intends to surrender and move for bail before the court below, direction may be given to the court below to dispose of the bail application of the Petitioner on the same day.

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Page 1 of 2

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Considering the submission made, it is observed that if the Petitioner surrenders in the aforesaid case before the Court in seisin over the matter and makes a motion for bail, the Court in seisin over the matter shall consider and dispose of the bail application of the Petitioner on its own merit expeditiously on the same day. The incriminating materials collected against the Petitioner be sent by the I.O to the Court on the date of surrender, if the date of surrender intimated to him by the Petitioner. Release of the co-accused, if any, be addressed in proper perspective.

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However, the aforesaid order should not be construed as a protection from arrest till the date of surrender.

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The ABLAPL is, accordingly, disposed of.

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Urgent certified copy of this order be granted on proper

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application.

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(S. Pujahari) Judge

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PKS

Pabitra Nahak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pabitra Nahak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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