In a bail application under Section 439 Cr.P.C., the High Court noted the petitioner violated interim bail conditions. Upon police report stating the petitioner's whereabouts were unknown, the court directed police to arrest him and dismissed the bail application.
BLAPL dismissed; I.I.C. directed to arrest petitioner at earliest.
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.9435 of 2019
Mithun Mallik
…. Petitioner
Mr. A.P.Bose, Advocate
Versus
State of Odisha
…. Opp. Party
Mr.S.S.Pradhan, AGA
CORAM:
JUSTICE SAVITRI RATHO
ORDER
Order No.
15.11.2021
This matter is taken up through hybrid mode.
Heard Mr.A.P.Bose, learned counsel for the petitioner and Mr. S.S.Pradhan, learned Addl. Government Advocate.
This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner-Mithun Mallik in connection with Bhuban P.S. Case No.169 of 2018 corresponding to C.T. Spl. (P) Case No.57 of 2018 pending in the Court of the learned Special Judge (POCSO), Dhenkanal registered for commission of offence punishable under Section 376 (3) of I.P.C. read with Section 6 of POCSO Act.
Mr. Bose, learned counsel for the petitioner states that the wife of the petitioner is answering his calls but she states that the petitioner is not coming home.
Perused the report dated 09.11.2021 of the learned Adhoc Addl. District and Sessions Judge, FTSC, Dhenkanal. It is stated therein that the case is now pending for execution of N.B.W. issued against the petitioner and for his production by 25.11.2021. It has been further stated that reminders were issued
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Bichi
to I.I.C., Bhuban Police Station to execute the N.B.W. or to report for delay in execution of the warrant. Now, on 06.11.2021, he has intimated that in spite of repeated raids on the house of the petitioner-accused, it is not possible to apprehend him as he has left his village and his whereabouts is not known.
In such view of the matter, the I.I.C., Bhuban Police Station is directed to take sincere steps to arrest him at the earliest and submit report to this Court.
As the petitioner has violated the conditions of interim bail, the BLAPL is dismissed.
Copy of this order be sent to the I.I.C., Bhuban Police Station for necessary compliance.
(Savitri Ratho)
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2 issues framed by the court
Whether to grant bail to the petitioner who is in violation of interim bail conditions and at large.
Whether to enforce non-bailable warrant against the petitioner.
1 provisions across 1 enactments
Mithun Mallik
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
