Application for bail dismissed as petitioner violated interim bail conditions by failing to surrender. Court directed police to execute NBW for arrest and production.
BLAPL No. 7873 of 2017 dismissed; directions issued to I.I.C. Boipariguda P.S. to execute NBW and apprehend the petitioner.
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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 7873 of 2017
Dillip Singh
Petitioner
Mr. B.C. Parija
Versus
State of Odisha
…. Opp. Party
Mr. P.C. Das, A.S.C.
CORAM: JUSTICE SAVITRI RATHO
ORDER
Order No.
15.11.2021
This matter is taken up through hybrid mode.
Heard Mr. B.C. Parija, learned counsel for the petitioner and Mr. P.C. Das, learned Addl. Standing Counsel for the State.
Mr. Parija, learned counsel states that he has been unable to contact the petitioner.
This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner- Dillip Singh in connection with Boipariguda P.S. Case No.0103 of 2016 corresponding to T.R. Case No.90 of 2016 pending in the Court of the learned Sessions Judge -cum- Special Judge, Koraput at Jeypore registered for commission of offence punishable under Sections 20(b)(ii)(C)/29 of N.D.P.S. Act and Sections 25/27 of the Arms Act.
The petitioner had been granted interim bail, from 19.05.2018 till 18.06.2018 by order dated 18.05.2018. He was again granted interim bail for twenty days by order dated 20.12.2018. The matter was thereafter listed on 25.10.2021 and report had been called for from the learned Court below and
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pursuant to the said order report dated 12.11.2021 has been received from the learned Sessions Judge -cum- Special Jduge, Koraput-Jeypore wherein it is stated that the petitioner had been released on interim bail on 07.01.2019 but failed to surrender before the Court below after expiry of the interim period for a period of 20 days from the date of his release. So on 28.01.2019, NBW of arrest was issued against the petitioner for his production. Till date the NBW of arrest has not been executed by the Police and now the case stands posted to 29.11.2021.
Since the petitioner has violated the conditions of interim bail, the BLAPL is dismissed directing the I.I.C. Boipariguda P.S. to take steps for execution of NBW and to apprehend the petitioner at the earliest and produce him before the learned Court below and submit a report before this Court
With the aforesaid directions the BLAPL is dismissed. Copy of this order be sent to the I.I.C. Boipariguda Police Station for compliance.
(Savitri Ratho) Judge
Sukanta
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2 issues framed by the court
Whether to entertain a bail application when the petitioner failed to surrender after interim bail expired and violated bail conditions.
Whether to direct the execution of the Non-Bailable Warrant (NBW) issued against the petitioner.
3 provisions across 3 enactments
Dillip Singh
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Savitri Ratho
Parties & counsel
