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Sanjaya Sahani Vs State of Odisha — Bail and Remand | Orissa HC (2022)

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Orissa HC
2022
Sanjaya Sahani Vs State of OdishaSanjaya Sahani v. State of Odisha

Dismissed

Sanjaya Sahani v. State of Odisha

Orissa HC18 May 2022BLAPL/9491/2021

Case brief

AI extract

What is this about?

In an application under Section 439 CrPC for bail, the High Court of Orissa permitted the withdrawal of the petition pending bail application. The Court directed the trial court to conclude the trial within three months and granted liberty to file a fresh bail application if this timeline is not met.

What did the court decide?

Bail application withdrawn with liberty to file fresh application if trial concludes beyond three months. Trial court directed to conclude within three months.

What the court decided

AI extract

Outcome

Bail application withdrawn with liberty to file fresh application if trial concludes beyond three months. Trial court directed to conclude within three months.

Issue for consideration

Whether the petitioner is permitted to withdraw his bail application with liberty to file a fresh one if the trial is not concluded within a stipulated time.

Detailed headnote1 paragraphs

The High Court allowed the withdrawal of the bail application. It directed the trial court, where the petitioner is in custody for offences under the NDPS Act, to dispose of the case expeditiously, preferably within three months. Liberty was granted to the petitioner to approach the bail forum again if the trial exceeds this period.

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.9491 of 2021

Sanjaya Sahani

…. Petitioner Mr. P. Panda , Advocate

-versus-

State of Odisha

…. Opposite Party Mr. K.K. Nayak, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA

ORDER

Order No.

18.05.2022

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner and learned counsel for the State. Perused the F.I.R., Case Diary and other relevant documents.

This is an application under Section 439 of the Criminal Procedure Code.

The Petitioner is an accused in C.T. Case No.46 of 2021 arising out of Sarangada P.S. Case No.81 of 2021 pending in the court of learned Special Judge-cum-ADJ, Baliguda for commission of offence punishable under Sections 20(b)(ii)(C)/25/29 of the N.D.P.S. Act.

Learned counsel for the Petitioner seeks permission to withdraw the present bail application with liberty to move a fresh bail application before the court below in the event the trial is not concluded within a stipulated time.

// 2 //

Learned counsel for the Petitioner further submits that Petitioner is in custody since 10.03.2021.

Considering the submissions and the materials available on record, the Petitioner is permitted to withdraw the bail application and the same is accordingly disposed of as withdrawn.

However, learned trial court shall make endeavour to dispose of the case as expeditiously as possible preferably within a period of three months from today.

It is further directed that in the event the trial court fails to conclude the trial within the aforesaid period of time, the Petitioner is given liberty to file a fresh bail application.

With the aforesaid observation, the bail application stands disposed of.

Urgent certified copy of this order be granted on proper application.

Jagabandhu

( A.K. Mohapatra )
Judge

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner is permitted to withdraw his bail application with liberty to file a fresh one if the trial is not concluded within a stipulated time.

Statutes considered

1 provisions across 1 enactments

AI extract

Criminal Procedure Code439

Parties & counsel

AI extract

petitioner
Sanjaya Sahani
respondent
State of Odisha

Coram

AI extract

A.K. MOHAPATRA

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 18 May 2022 · May
Registered: 28 Oct 2021
Case no.: BLAPL/9491/2021
CNR: ODHC010724782021
Topic: Bail and Remand
Bench: Aditya Kumar Mohapatra
Disposal: Disposed Off

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Cite this judgement

Sanjaya Sahani v. State of Odisha, BLAPL/9491/2021 (OD), decided on 18 May 2022.

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

Statutes1

Criminal Procedure Code439

View all statutes

Bench / Coram

A.K. MOHAPATRA

Parties & counsel