This judgment dismisses a bail application under Section 439 Cr.P.C. for a petitioner arrested under the N.D.P.S. Act. The High Court held that misusing interim bail justified denying further release, ordering execution of the N.B.W.
Bail application dismissed; Non-Bailable Warrant ordered for execution against the petitioner.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8200 of 2019
Dasarath Shivhare …. Petitioner
None
Versus
…. State of Odisha Opp. Party Mr. S.S.Pradhan, AGA
CORAM:
JUSTICE SAVITRI RATHO
ORDER
Order No.
13.12.2021
This matter is taken up by hybrid mode.
None appears for the petitioner when the matter is called.
This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner-Dasarath Shivhare in connection with Sonepur P.S. Case No.150 of 2015 corresponding to G.R. Case No.28 of 2015 pending in the Court of the learned Addl. Sessions Judge-cum-Special Judge, Sonepur for commission of offence punishable under Section 20 (b) (ii) (c) of N.D.P.S. Act.
The application for bail was rejected earlier by the learned Addl. Sessions Judge-cum-Special Judge, Sonepur vide order dated 19.06.2019.
The petitioner had been granted interim bail for a period of three months vide order dated 22.12.2020 passed in I.A. No.1163 of 2020.
Since the petitioner did not surrender on 3.4.2021, i.e., after expiry of three months, a report had been called for from the learned Addl. Sessions Judge-cum-Special Judge, Sonepur, who has reported that N.B.W. of arrest has been issued against
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the petitioner through Superintendent of Bonda (U.P.) on 5.4.2021. Subsequently reminders for early execution of N.B.W. of arrest has been issued against the petitioner vide office letter No.2032 dated 7.9.2021 and letter No.2841 dated 2.12.2021 and the case against the accused has been split up.
Considering the report and the fact that the petitioner has mis-utilised the liberty granted to him while granting him interim bail, I do not think that it is a fit case to release the petitioner on bail.
The BLAPL is accordingly dismissed.
Bichi
.........................
(Savitri Ratho)
Judge
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2 issues framed by the court
Whether the petitioner qualifies for bail given misuse of interim liberty.
Whether the rejection of Section 439 Cr.P.C. bail application is justified.
2 provisions across 2 enactments
Dasarath Shivhare
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
