Ex-parte bail application for an N.D.P.S. Act offender, which was rejected below, was dismissed as withdrawn by the High Court. Liberty was granted to move the trial court for bail afresh.
BLAPL dismissed as withdrawn; liberty granted to move trial court afresh for bail.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 7765 of 2019
Ranjit Sikdar …. Petitioner Mr. Padmanava Jena, Advocate
-versus-
State of Orissa
…. Opposite Party Mr.K.K. Nayak, ASC
CORAM: JUSTICE SAVITRI RATHO
Order No.
ORDER 08.11.2021
The matter is taken up by hybrid mode.
Heard Mr. Padmanava Jena, learned counsel for the petitioner and Mr. K.K. Nayak, learned Additional Standing Counsel.
This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner-Ranjit Sikdar in connection with Mudulipada P.S. Case No.45 of 2019 corresponding to T.R. No. 82 of 2019 pending in the Court of the learned Sessions Judge-Special Judge, Malkangiri for commission of offence punishable under Section 20(b)(ii) C /25/27-A/29 of the N.D.P.S. Act.
The petitioner had moved an application for bail before the court of learned Sessions Judge-Special Judge, Malkangiri which was rejected on 05.07.2019.
Mr. Padmanava Jena, learned counsel for the petitioner states that the petitioner is in custody since 03.07.2019 and trial has not yet commenced in this case. He further submits that he wants to withdraw this bail application and move the learned trial court afresh for bail and direction may be issued to consider the same in accordance with law. He files a memo to that effect in Court. The same be kept on record.
In view of the submissions made by the learned counsel for the petitioner, the BLAPL is dismissed as withdrawn.
P.T.O.
// 2 //
Liberty is granted to the petitioner to move the learned court below afresh for bail who shall dispose of the same in accordance with law.
Urgent certified copy of this order be granted on proper application.
( Savitri Ratho) Judge
puspa
Page 2 of 2
3 issues framed by the court
Application for bail under Section 439 Cr.P.C. was withdrawn by the petitioner.
Whether bail application should be dismissed when petitioner moves to withdraw it.
Whether liberty is granted to move the trial court for bail afresh.
2 provisions across 2 enactments
Ranjit Sikdar
State of Orissa
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
