Allowed

Abhijit Mahal v. State of Odisha

Orissa HC5 Nov 2021CRLMC/616/2021

Case brief

AI extract

What is this about?

Supreme Court criminal revision against an order rejecting an application for lawyer representation and notice bond due to the accused's illness granted bail due to illness on appeal was allowed. The court held that bail conditions requiring appearance admit exceptions for unforeseen circumstances like illness. Explicitly allowed north-eastern orissa criminal revision.', 'Petitioner challenged an

What did the court decide?

Impugned order issuing NBW set aside insofar as it relates to the accused-petitioner; petitioner allowed to remain on previous bail with condition to abide by conditions in future.

Abhijit Mahal Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No. 616 of 2021

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Abhijit Mahal

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…. Petitioner

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Mr. S.K. Nanda, Advocate

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-Versus -

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State of Orissa …. Opposite Party

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Mr. P.K. Maharaj, Addl. Standing Counsel

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CORAM: JUSTICE SASHIKANTA MISHRA

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ORDER_ 05.11.2021

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Order No.

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03.

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This matter is taken up through hybrid mode.

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Heard Mr. S.K. Nanda, learned counsel for the petitioner and Mr. P.K. Maharaj, learned Addl. Standing counsel for the State.

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In this application filed under Section 482 Cr.P.C., the petitioner challenges the order dated 03.02.2021 passed by learned J.M.F.C., Betnoti in C.T. Case No.415 of 2020 in rejecting the application filed by the petitioner-accused under Section 317 Cr.P.C. for being represented by his lawyer on that date.

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It is submitted that the petitioner was granted bail by this Court vide order dated 28.01.2021 passed in BLAPL No. 5823 of 2020. Reading of the impugned order reveals that learned Court below rejected the application under Section 317 Cr.P.C. filed on behalf of the accused solely on the ground that one of the conditions imposed by this Court while granting bail was for the accused to appear before the trial Court on each date of

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posting of the case. It is submitted by Mr. Nanda that on the date of posting of the case, the petitioner was ill as would be evident from the fitness certificate issued by his treating doctor, which also shows that he was suffering from viral diarrhea. As such, the petitioner-accused was prevented by sufficient cause from appearing in the Court on the dater fixed. The copy of the petition under Section 317 Cr.P.C. has been enclosed as Annexure-2 along with fitness certificate as at Annexure-3.

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Though this Court while granting bail had imposed the condition that the petitioner shall appear before the trial Court on each date of the posting of the case, yet it is settled law that such a condition does admit of exceptions which may arise due to unforeseen circumstances, such as, illness etc. as has occurred in the instant case.

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Having regard to the submissions made and the facts indicated hereinabove, this Court is inclined to allow the application. The impugned order in so far as it relates to issuance of NBW against the accused-petitioner is set aside. The petitioner shall be allowed to remain on previous bail on the condition that he shall abide by the conditions imposed by this Court in future without fail.

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( Sashikanta Mishra)

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Judge

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A.K. Rana

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Abhijit Mahal v. State of Odisha

Case brief

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Abhijit Mahal v. State of Odisha

Case brief

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