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Mukunda Hantal Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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Orissa HC
2022
Mukunda Hantal Vs State of OdishaMukunda Hantal v. State of Odisha

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Mukunda Hantal v. State of Odisha

Orissa HC28 Jul 2022BLAPL/6497/2022

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a bail application filed by Hukunda Hantal, an accused in a narcotic offences case, allowing him liberty to approach the Sessions Judge again post-charge-sheet, ensuring consideration on merits without influence of prior rejection.

What did the court decide?

The petitioner is at liberty to move the court below for bail after the filing of charge-sheet, for consideration on its own merits without influence of earlier rejection.

What the court decided

AI extract

Outcome

The petitioner is at liberty to move the court below for bail after the filing of charge-sheet, for consideration on its own merits without influence of earlier rejection.

Issue for consideration

Whether to allow bail under Section 439 Cr.P.C. despite earlier rejection by the Special Judge in Malkangiri?

Detailed headnote1 paragraphs

The Court disposed of the bail application, directing that the petitioner be allowed to move the court below after the filing of the charge-sheet. The same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court or the order of the learned court below.

A compact analysis

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.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6497 OF 2022

Hukunda Hantal

……… Petitioner Mr. R.L. Pattnaik, Advocate

-versus-

State of Odisha

...……… Opposite Parties Mr. K.K. Gaya, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

28.07.2022

Order No.

This matter is taken up through Hybrid Mode.

Heard learned counsel for the petitioner and learned Counsel for the State.

The petitioner is an accused in connection with T.R. Case No. 102 of 2022 arising out of M.V.79 P.S. Case No. 69 of 2022, pending on the file of the learned Sessions Judge-cum-Special Judge, Malkangiri for the alleged commission of offence under Sections-20(b)(ii) (C) of the N.D.P.S. Act.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Sessions Judge, Malkangiri by Order dtd. 27.06.2022 in Special G.R. Case No. 102 of 2022, the present BLAPL has been filed.

The consideration by the learned Court in seisin over the matter was during the course of investigation.

Page 1 of 2

The petitioner is at liberty to move the learned Court below after filing of Charge-sheet. The same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.

The Bail Application thus stands disposed of.

Urgent certified copy of this order be granted as per rule.

Balaram

( V.Narasingh )
Judge

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether to allow bail under Section 439 Cr.P.C. despite earlier rejection by the Special Judge in Malkangiri?

Statutes considered

2 provisions across 2 enactments

AI extract

CrPC439
NDPS Act20(2)(b)(ii)

Parties & counsel

AI extract

petitioner
Hukunda Hantal
respondent
State of Odisha

Coram

AI extract

V. Narasingh

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 28 Jul 2022 · July
Registered: 12 Jul 2022
Case no.: BLAPL/6497/2022
CNR: ODHC010442962022
Topic: Narcotics (NDPS)
Bench: V. Narasingh
Disposal: Disposed Off

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Cite this judgement

Mukunda Hantal v. State of Odisha, BLAPL/6497/2022 (OD), decided on 28 July 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

CrPC439
NDPS Act20(2)(b)(ii)

View all statutes

Bench / Coram

V. Narasingh

Parties & counsel