Nitish Haldar Vs State of Odisha

Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with Special G.R. Case No.32 of 2023 pending in the file of learned Sessions Judge-cum-Special Judge, Malkangiri arising out of Kalimela P.S. Case No.27 of 2023 on the grounds stated therein.

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Referring to a copy of the FIR, Mr. Das, learned counsel for the petitioner would submit that the alleged transportation of contraband Ganja was at the instance of the owner of the vehicle bearing registration No.CG-18-M-0850 where as the petitioner was the driver of the said vehicle and in so far as the occupant is concerned, he is on bail by the Court’s order in BLAPL No.12291 of 2023 dated 19^th January, 2024. It is further submitted that the investigation is concluded with a chargesheet filed on 29^th July, 2023 and as the petitioner has remained in judicial custody from 1^st

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February, 2023 and being the driver and having no criminal antecedent, he should be allowed to go on bail on any terms and conditions as would be fixed by the Court.

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Mr. Tripathy, learned AGA for the State, however, considering the recovery of commercial quantity of contraband Ganja of 100 Kgs opposed release of the petitioner on bail and he submits that there is no instruction with him regarding the criminal antecedent of the accused concerned.

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Gone through the F.I.R., a copy of which is supplied to the Court by Mr. Das, learned counsel for the petitioner and the same reveals that the transportation of Ganja was claimed to be on the direction of the other accused, namely, the owner of the car. Admittedly, the petitioner was the driver of the said vehicle. The other accused, an occupant travelling at the relevant point of time is on bail by the Court’s order in BLAPL No.12291 of 2023. The charge sheet is filed in the month of July, 2023. The custody of the petitioner has been for about one year three months as on date. Considering the nature of the evidence collected during the investigation with the claim by the accused persons that the transportation was at the behest of the owner of the vehicle, namely, Mantosh Mirdha, who is absconding at present and as the occupant of the vehicle is already on bail, recording the submission of Mr. Das, learned counsel appearing for the petitioner that the accused does not have any criminal track record, the Court is inclined to allow him to go on bail subject to the following conditions.

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6. Accordingly, it is ordered.

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In the result, the petition under Section 439 Cr.P.C. stands allowed with a direction for release of the petitioner on bail in connection with Special G.R. Case No.32 of 2023 corresponding to

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Kalimela P.S. Case No.27 of 2023 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties for the like amount each to the satisfaction of the learned Sessions Judge-cumSpecial Judge, Malkangiri, who shall impose such other conditions as deemed fit and proper in the facts and circumstances of the case. It is further directed that such release of the petitioner shall be subject to verification and absence of criminal antecedent of similar nature against him.

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Urgent certified copy of this order be granted as per rules.

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(R.K.Pattanaik) Judge

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Rojina

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Signature Not Verified

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Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 17-May-2024 17:58:10

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Nitish Haldar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nitish Haldar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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