The Sessions Judge dismissed a bail petition and an interim bail application. Rejecting relief due to the petitioner's risk of absconding and the context of the pandemic, the court denied both regular and interim bail under the N.D.P.S. Act.
Prayer for bail and interim bail rejected.
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
BLAPL No.2944 of 2020 &
I.A. No.929 of 2020
Himansu Sekhar Meher … Petitioner - Versus - State of Orissa … Opp. Party
O R D E R
Heard.
The petitioner being in custody in T.R. No.48 of 2018, arising out of Rairakhol P.S. Case No.190 of 2018, pending in the court of learned Sessions Judge-cum-Special Judge, Sambalpur has filed this petition for his release on bail. The offence alleged against the petitioner is punishable under Section 20(b)(ii)(C) of the N.D.P.S. Act.
It appears that the prayer for bail of the petitioner has been rejected on merit vide order dated 05.03.2020 passed by this Court in BLAPL No.9675 of 2019, but he has again come to this Court seeking his release on bail.
Learned counsel for the petitioner submits that he does not press for regular bail, but the
2
petitioner be released on interim bail to look after his ailing wife for a month or two.
But considering the facts and submissions made, especially the fact that the petitioner’s absconding on being released on interim bail is not ruled out, I am not inclined to release the petitioner on interim bail.
Accordingly, the prayer for bail as well as interim bail of the petitioner stand rejected.
………………….. S.Pujahari, J.
DA
2 issues framed by the court
Whether the petitioner should be released on interim bail to attend to his ailing wife.
Whether the risk of absconding precludes the grant of interim bail.
Himansu Sekhar Meher
State of Orissa
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
