Allowed

Md. Nisar v. State of Odisha

Orissa HC27 Jun 2023BLAPL/6723/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail petition filed by an accused challenging the rejection of his bail application by the Sessions Judge. The Court held that the earlier order had no legal infirmity but directed the lower court to release the petitioner on bail with specific undertakings given his recent custody.

What did the court decide?

Petitioner directed to be released on bail; appearance before jurisdictional police station once a week certified to the Sessions Court.

Md. Nisar Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 6723 of 2023

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Md. Nisar

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…. Petitioner

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Mr. B.B. Routray, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. T.K. Praharaj, SC

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CORAM: JUSTICE V. NARASINGH

ORDER 27.06.2023

Order No.

01.

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.72 of 2023, pending in the Court of the learned Sessions Judge, Bargarh arising out of Bargarh Town P.S. Case No.574 of 2016, for alleged commission of offences under Sections 120(B)/274/275/276 of IPC read with Section 13 of Drugs and Cosmetic Act.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Bargarh, by order dated 08.06.2023 in the aforementioned case, the present BLAPL has been filed.

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Perused the order of rejection.

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Learned Court in seisin rejected the bail application of the petitioner inter alia on the ground that during the currency of the bail order dated 09.03.2017 in BLAPL No.8406 of 2016, the

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petitioner involved himself in another case since the same ex-facie amounted to violation of clause No.3.

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Ex-facie this Court does not find any infirmity in the order so passed.

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Considering that the petitioner has been taken into custody subsequently on 05.05.2023, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

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Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week 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 learned 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 rule.

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(V. NARASINGH)
Judge
Ayesha

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Signature Not Verified

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Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 28-Jun-2023 19:25:12

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Md. Nisar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Md. Nisar v. State of Odisha

Case brief

What is this about?

What did the court decide?

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