Disposed

Inaitoulla Mondal v. State of Odisha

Orissa HC3 Apr 2024ABLAPL/586/2024

Case brief

AI extract

What is this about?

Anticipatory bail under Section 438 CrPC in an NDPS case arising from a 2013 FIR. The petitioner, allegedly the owner of the vehicle involved and absent since the 2016 charge-sheet, was refused pre-arrest bail given his conduct. The court directed surrender within three weeks, leaving regular bail to be decided on merits.

What did the court decide?

Anticipatory bail declined; liberty to surrender within three weeks with direction to trial court to consider regular bail independently.

Inaitoulla Mondal Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No. 586 of 2024

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Inaitoulla Mondal

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…. Petitioner

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Mr. D.P. Pattnaik, Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. D. Biswal, ASC

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CORAM: JUSTICE CHITTARANJAN DASH

ORDER

Order No.

03.04.2024

Heard learned counsel for the Petitioner and the State.

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This is an application for bail U/s. 438 Cr.P.C filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s.20(b)(ii)(c) of NDPS Act in connection to Special Case No.13 of 2013 arising out of Bhadrak Rural P.S. Case No.82 of 2013 pending in the file of Special Judge., Bhadrak.

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It is submitted by learned counsel for the Petitioner that his name was not found in the FIR initially and he has simply been arrayed being the owner of the vehicle involved in the crime. As reveals of the case record, the matter is of the year 2013 and the Charge-sheet has been submitted as back as the year 2016 and the Petitioner never took interest in appearing before the court thereby allowed the matter to get protracted for years putting the burden on the court.

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// 2 //

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A Prayer has been made by the I.O. for issuance of notice U/s.82/83 of Cr.P.C. In view of the above submission and keeping in view the conduct of the Petitioner, while this court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioner surrenders before the Court in seisin over the matter within a period of three weeks hence, the learned court concerned shall pass appropriate order in accordance with law keeping in view the gravity of the offence and severity of punishment applying its wisdom independently not being influenced by the direction issued herein for disposal. The

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ABLAPL stands disposed of.

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(Chittaranjan Dash)
Judge
Bijay

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Signature Not Verified

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Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 05-Apr-2024 18:59:10

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Inaitoulla Mondal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Inaitoulla Mondal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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