The High Court in CRLMC No. 270 of 2021 declined to interfere in the bail matter of the petitioner, holding that the dispute resolution and request for bail to be moved before the Court below are matters more appropriately addressed at lower court.
The petitioner was directed to surrender before the Court below to move for bail.
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
CRLMC No. 270 of 2021
Raghab Kumar Nahak
…. Petitioner
Mr. S.K. Bhanjadeo, Advocate
-Versus -
State of Odisha & Anr. …. Opposite Parties Mr. P. Tripathy, Addl. Standing Counsel Mr. S.S. Ray-2, (for informant)
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER_
22.11.2021
Order No.
2.
Page 1 of 1
however open to the petitioner to surrender before the Court below and move for bail, which shall be considered on its own merit having regard to the submissions raised before this Court.
A.K. Rana
( Sashikanta Mishra) Judge
Page 2 of 2
2 issues framed by the court
Whether the High Court may interfere in the bail matter when the dispute between the petitioner and victim is resolved but the inquiry is suitable for the Court below.
Whether the continuation of criminal proceedings despite resolution of disputes amounts to abuse of process warranting interference.
Raghab Kumar Nahak
State of Odisha & Anr
Sashikanta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
