Allowed

Debendra Dhar @ Debar v. State of Odisha

Orissa HC21 Nov 2023BLAPL/3130/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail application of the petitioner, an accused in an excise violation case. Despite prior rejection due to non-appearance, the Court granted bail considering the surrender and lack of misconduct, directing release under interim bail terms to be fixed by the Sessions Judge and requiring monthly appearance certification.

What did the court decide?

Petitioner directed to be released on bail on terms fixed by the learned Court in seisin, including monthly appearance at the police station with certification.

Debendra Dhar @ Debar Vs State of Odisha — Corruption | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 3130 of 2023

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Debendra Dhar @ Debar

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Petitioner

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Mr. S.K. Jena, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. H.K. Panigrahi, ASC

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CORAM: JUSTICE V. NARASINGH

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ORDER 21.11.2023 Order No. 09. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

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The Petitioner is an accused in connection with C.T. Case No.41 of 2017 (C.T. (Spl.) Case No.62/54 of 2018-2022, pending on the file of learned Additional Sessions Judge, Bargarh, arising out of Bheden P.S. No.6 of 2017 for commission of offence alleged under Sections 272/273/274/275/276/34 of IPC read with Section 47(A)/47(d) of Orissa and Bihar Excise Act read with Section 2 of Odisha Amendment Act 03 of 1999.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Bargarh by order dated 21.10.2022 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the surrender certificate of the Petitioner has already been filed in the Registry. 5. It is submitted by the learned counsel that the Petitioner was released on bail by the learned Sessions Judge, Bargarh in BA. No.193/2017.

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Page 1 of 2

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Since the Petitioner did not appear, he was taken into custody on execution of NBW(A). The accusation against him is that he was unauthorizedly transporting 35 bottles of Eskuf Syrup.

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Considering the conduct of the Petitioner, the learned Court in seisin rejected the bail application.

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This Court does not find any infirmity in the order passed.

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This Court by order dated 17.04.2023 in I.A. No.464 of 2023 directed the Petitioner to be released in interim bail for a total period of three months in two spells.

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As noted, the Petitioner has surrendered.

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Taking into account that the Petitioner has not misused the liberty granted by this Court and the submission of the learned counsel for the Petitioner that his earlier non-appearance before the learned Court in seisin was not willful, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin so as to ensure his presence on each date of trial.

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Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

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Accordingly, the BLAPL stands disposed of.

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

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(V. NARASINGH) Judge

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Santoshi Signature Not Verified

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Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 22-Nov-2023 19:29:29

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Debendra Dhar @ Debar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Debendra Dhar @ Debar v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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