Disposed¶¶6

Prutwiraj Kanhar @ Pruthiraj Kanhar v. State of Odisha

Bail – Violation of previously imposed bail condition

Orissa HC6 Mar 2024BLAPL/1150/2024

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What is this about?

BLAPL No.1150 of 2024, High Court of Orissa at Cuttack, Justice D. Dash, order dt. 06.03.2024; bail application under Section 439 Cr.P.C.; offence under Section 20(b)(ii)(B) NDPS Act; Phulbani P.S. Case No.154 of 2020 / C.T. Case No.96 of 2020; violation of bail condition imposed by order dt.24.12.2020 in BLAPL No.8989 of 2020; surrender on 30.01.2024; release on bail with condition of personal appearance on each date of posting.

What did the court decide?

Release on bail in C.T. Case No. 96 of 2020 (Phulbani P.S. Case No.154 of 2020) on terms deemed just and proper by the Court in seisin, with the further condition of personal appearance before that Court on each date of posting; urgent certified copy ordered as per rules. ¶¶6

Prutwiraj Kanhar @ Pruthiraj Kanhar Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL NO.1150 OF 2024

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Prutwiraj Kanhar @ Pruthiraj …. Petitioner Kanhar

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Mr. A.R. Panda, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr.G.N. Rout, ASC

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CORAM:

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MR. JUSTICE D. DASH

ORDER

06.03.2024

Order No.

The matter is taken up through hybrid arrangement (virtual/physical) mode.

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The Petitioner being in custody in connection with Phulbani P.S. Case No.154 of 2020 corresponding to C.T. Case No. 96 of 2020 on the file of learned Sessions Judge-cum-Special Judge, Phulbani, running for commission of offence under Section 20(b)(ii)(B) of the NDPS Act, has filed application under section439, Cr.P.C., for his release on bail in the above-mentioned case.

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Learned Counsel for the Petitioner submits that the Petitioner having surrendered before the Court in seisin of the case on 30.01.2024 has been taken to custody for violation of the condition as imposed by the Court below vide order dated 24.12.2020 passed by this Court in BLAPL No.8989 of 2020. He further submits that the Petitioner’s absence on the date fixed in the case was neither deliberate nor intentional. He submits that this Petitioner has no intention to avoid the process of law and he would take all steps in future to see that the situation does not

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recur. In view of all the above, when in the meantime, the Petitioner has remained in custody for about a month being penalized for said non-deliberate act; he urges for grant of bail to the Petitioner.

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Learned counsel for the State opposes the move, in view of the violation of the condition by the Petitioner by remaining absence.

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Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner with other surrounding circumstances including the period of detention of the Petitioner in custody; in the absence of any such impediment; it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the Court is seisin of the case with further condition that:-

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(1) he will appear in person before the Court in seisin of the case on each date of posting of the case.

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The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.

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Narayan

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Signature Not Verified

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Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 07-Mar-2024 17:22:15

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Prutwiraj Kanhar @ Pruthiraj Kanhar v. State of Odisha

Case brief

What is this about?

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Prutwiraj Kanhar @ Pruthiraj Kanhar v. State of Odisha

Case brief

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