Hon'ble High Court of Orissa allowed the bail application of Subal Patel. The petitioner, in custody following NBW execution, was previously on bail. The court directed his release with specific conditions.
Petitioner released on bail on conditions fixed by the Court below, including non-feeing and presence in trial.
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. 10211 of 2023
Subal Patel
….. Petitioner Mr. A.C. Panda, Adv.
Vs.
State of Odisha
….. Opp. Party Mr. S.S. Pradhan, A.G.A.
CORAM:
JUSTICE SAVITRI RATHO
ORDER
06.12.2023
Order No.
(Through hybrid mode)
Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State.
Sessions Judge (In-charge), Patnagarh. It is stated in the report that
the case was committed on 05.01.2016. Charge was framed on 07.12.2016. Out of 20 charge sheet witnesses, 14 witnesses have been examined. P.W.14 was examined, cross-examined and discharged on 10.03.2022. One charge sheet witness Bhaja Patel has
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been declined by the prosecution. Five more charge sheet witnesses are to be examined. The case was posted to 22.11.2023 for hearing. No P.Ws. are present on the said date. The P.O. is on leave from 18.09.2023 to 04.12.2023, for which the case has been adjourned to 20.12.2023 and summons has been issued to procure the attendance of the witnesses.
that if the petitioner would be released on bail, there is every possibility that he may abscond.
has been regularly attending the Court on each date for about six
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years. On 16.07.2022 as he was suffering from gout and was under treatment, he could not attend the Court nor could he inform his counsel, to take steps on his behalf, for which NBW has been issued against him and pursuant to its execution he has been arrested and is in custody since 10.07.2023. He further submits that this is the first default of the petitioner and the petitioner undertakes to personally appear before the Court below on each date it is fixed for trial and undertakes to abide by any conditions which may be imposed by this Court for releasing him on bail.
submits that stringent conditions may be imposed so that the petitioner attends the trial and the trial is completed without further delay.
terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions:
(i) He will not commit any offence while on bail.
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(iii) He will remain present in the trial Court on each date it if fixed for trial unless his appearance is dispensed with by the learned trial Court under Section 317 Cr.P.C. on any particular day.
application.
(Savitri Ratho)
Judge
Sukanta
Signature Not Verified
Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 08-Dec-2023 10:55:16
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3 issues framed by the court
Whether bail is to be granted to the applicant who is in custody following execution of a notice for absent service yet was previously on bail.
Whether the learned Court below can impose specific conditions for bail.
Whether violation of bail conditions entails cancellation of bail.
5 provisions across 3 enactments
Subal Patel
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Savitri Ratho
