Disposed

Rabindra Bishoyi@Rabi Bishoyi v. State of Odisha

Orissa HC2 Feb 2023CRLMC/254/2023

Case brief

AI extract

What is this about?

Allowed liberty to the petitioner to surrender before the lower court to apply for bail in connection with the illicit transportation of liquor case. Directed the lower court to consider the bail application and admit a second appeal within two hours if rejected.

What did the court decide?

Liberty granted to surrender before the lower court to apply for bail; liberty to approach higher court within two hours if bail is rejected.

Rabindra Bishoyi@Rabi Bishoyi Vs State of Odisha — Orissa HC (2023) — LawSathi Research

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

CRLMC No. 254 of 2023

¶3

Rabindra Bishoyi @ Rabi Bishoyi …. Petitioner Mr. Umakanta Barik, Advocate

¶4

-Versus-

¶5

State of Odisha

¶6

…. Opposite Party Mr. T.K. Praharaj, SC,

¶7

CORAM:

¶8

MR. JUSTICE R.K. PATTANAIK

Order No.

ORDER
02.02.2023

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

¶13

In the present case, the petitioner seeks to quash the criminal proceeding in connection G.R. Case No.1748 of 2022 arising out Gangapur P.S. Case No.585 of 2022 pending in the file of learned J.M.F.C., Aska on the grounds stated therein.

¶14

Perused the copy of the FIR at Annexure-1 and it shows that Gangapur P.S. Case No.585 of 2022 has been registered under Sections 272 and 273 and 34 IPC and Section 52(a) of the Orissa Excise Act, 2008.

¶15

Learned counsel for the petitioner while not pressing the matter on merit submits that the petitioner is an ITI student and has been falsely implicated in the present case and considering the same, petitioner should be directed to surrender before the learned court below and apply for regular bail. It is fairly admitted that the petitioner had earlier moved this Court for bail, but then his

¶16

Page 1 of 3

¶17

application was rejected. In support of the contention that the petitioner is a student, learned counsel appearing for him produced a copy of the ICard issued by the ITI centre.

¶18

Mr. Praharaj, learned counsel for the State submits that if the Court is inclined to issue any such direction as has been prayed for, then the criminal antecedents of the petitioner should be looked into and verified.

¶19

The petitioner is involved in illicit transportation of 350 liters of ID liquor. Such involvement of the petitioner is alleged as revealed from Annexure-1. However, considering the prayer of the petitioner, learned counsel for the petitioner, the Court is of the view that liberty should be granted to the petitioner to surrender before the learned court below and apply for bail for its consideration. It is also pleaded that in case of rejection of bail, the petitioner should be allowed to approach the higher forum during the 2^nd hour to renew the prayer which the Court is inclined to.

¶20

Accordingly, it is ordered.

¶21

In the result, the CRLMC stands disposed of with a direction to the petitioner to surrender before the learned J.M.F.C., Aska on or before 20^th February, 2022 in connection with G.R. Case No.1748 of 2022 arising out Gangapur P.S. Case No.585 of 2022 and in the event he surrenders within the time stipulated and applies for bail, the court below shall consider it and pass necessary orders with reference to the materials on record besides criminal antecedent, if any, against him which is to be obtained well in advance and in case bail is refused, he shall have the liberty to approach the higher court in the 2^nd hour and renew his prayer and on being so moved and approached, the learned Sessions court shall consider the same and pass orders on the same day as per and in accordance with law and for the said purpose, the lower court

¶22

Page 2 of 3

¶23

record to be transmitted to the said court at the cost of the petitioner.

¶24

Issue urgent certified copy of this order as per rule.

¶25

(R.K. Pattanaik) Judge

¶26

U.K.Sahoo

¶27

Page 3 of 3

Rabindra Bishoyi@Rabi Bishoyi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rabindra Bishoyi@Rabi Bishoyi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Biprabar Bai Vs State of Odisha

Prafulla Chandra Mishra Vs State of Odisha(Vig.)

Sambit Kumar Das@Lipu@Samiti Das Vs State of Odisha

Prasanta Kumar Das Vs State of Odisha(Vig.)

Ramakanta Mohanty Vs State of Odisha

Shakti Prasad Samal Vs State of Odisha