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Manoj Digal Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2023)

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Orissa HC
2023
Manoj Digal Vs State of OdishaManoj Digal v. State of Odisha

Dismissed

Manoj Digal v. State of Odisha

Orissa HC3 Mar 2023BLAPL/1441/2023

Case brief

AI extract

What is this about?

The High Court of Orissa dismissed the bail petition and interim application noting that it is not inclined to entertain the bail plea during investigation without the materials considered by the Sessions Judge after the charge sheet.

What did the court decide?

Leave granted to seek interim bail from the learned Special Judge. The Bail and留置 Petition (BLAPL) along with I.A. No.216 of 2023 disposed of.

What the court decided

AI extract

Outcome

Leave granted to seek interim bail from the learned Special Judge. The Bail and留置 Petition (BLAPL) along with I.A. No.216 of 2023 disposed of.

Issue for consideration

Whether a bail application under Section 439 Cr.P.C. moved during investigation can be entertained without the benefit of materials considered by the Sessions Judge post charge sheet.

Detailed headnote1 paragraphs

The Court held that since the bail application was moved during the currency of investigation, it was not inclined to entertain it without the benefit of materials considered by the Sessions Judge post charge sheet. However, leave was granted to seek interim bail from the Special Judge independently. The BLAPL along with I.A. No.216 of 2023 were disposed of.

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. 1441 of 2023

Manoj Digal

Petitioner

Mr. A. Sahoo, Advocate

-versus-

State of Odisha

Opposite Party

Mr. K.K. Gaya, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

03.03.2023

Order No.

01.

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

The petitioner is an accused in connection with C.T. Case No.598 of 2022, pending in the Court of the learned Special-cumDistrict & Sessions Judge, Khurda at Bhubaneswar, arising out of Tamando P.S. Case No.313 of 2022, for alleged commission of offences under Section 20(b)(ii)(C) of NDPS Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Khurda at Bhubaneswar, by order dated 11.01.2023 in the aforementioned case, the present BLAPL has been filed.

Since the bail application is moved during the currency of investigation, this Court is not inclined to entertain this bail application at this stage without having the benefit of consideration of materials qua the accusation vis-à-vis the petitioner being considered by the learned Special Judge post charge sheet.

Page 1 of 2

It is submitted by the learned counsel for the petitioner that the interim bail application be taken up for consideration.

Leave is granted to the learned counsel for the petitioner to move before the learned Special Judge seeking interim bail, which shall be considered independently without waiting for filing of the charge sheet.

Accordingly, the BLAPL along with I.A. No.216 of 2023 stand disposed of.

(V. NARASINGH)

Judge

Ayesha

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether a bail application under Section 439 Cr.P.C. moved during investigation can be entertained without the benefit of materials considered by the Sessions Judge post charge sheet.

Statutes considered

2 provisions across 2 enactments

AI extract

NDPS Act20(b)(ii)(C)
Cr.P.C.439

Parties & counsel

AI extract

petitioner
Manoj Digal
respondent
State of Odisha

Coram

AI extract

V. Narasimh

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 3 Mar 2023 · March
Registered: 7 Feb 2023
Case no.: BLAPL/1441/2023
CNR: ODHC010093142023
Topic: Narcotics (NDPS)
Bench: V. Narasingh
Disposal: Disposed Off

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Cite this judgement

Manoj Digal v. State of Odisha, BLAPL/1441/2023 (OD), decided on 3 March 2023.

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

Statutes2

NDPS Act20(b)(ii)(C)
Cr.P.C.439

View all statutes

Bench / Coram

V. Narasimh

Parties & counsel