The High Court held that the bail application should not be entertained because the petitioner failed to surrender by the court-directed date. The application was disposed of with directions to take the petitioner into custody.
The bail application is disposed of; the petitioner is directed to be taken into custody immediately.
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. 8594 of 2022
Aswini Mahato
Petitioner
Mr. S.R. Das, Advocate
-versus-
State of Odisha
Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
04.
ORDER 15.03.2023 1. Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is an accused in connection with T.R. Case No.74 of 2020, pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Koraput, arising out of Padwa P.S. Case No.86 of 2020, for alleged commission of offences under Sections 20(b)(ii)(C)/25 of NDPS Act. 3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cumSpecial Judge, Koraput, by order dated 08.07.2022 in the aforementioned case, the present BLAPL has been filed. 4. By order dated 12.01.2023 in I.A. No.1598 of 2022, considering the ailment of the petitioner’s mother, this Court directed his release on interim bail for a period of four weeks. 5. When the matter was listed on 22.02.2023, as the schedule date of surrender was on 27.02.2023, the matter was directed to be
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listed on 03.03.2023 and thereafter the matter is listed today i.e. 15.03.2023.
Ayesha
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1 issue framed by the court
Whether the High Court should entertain the bail application when the accused has failed to obey the order to surrender by the scheduled date.
1 provisions across 1 enactments
Aswini Mahato
State of Odisha
V. Narasingh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
