Disposed¶22

Kishmat Saikh v. State of Odisha

Orissa HC6 May 2024BLAPL/2952/2024

Case brief

AI extract

What is this about?

What did the court decide?

Release of the Petitioner on bail in Koraput GRPS Case No.4 of 2019 / T.R. Case No. 15 of 2019 on terms and conditions deemed just and proper by the trial court, with added conditions of appearance on each posting date till conclusion of trial and non-intimidation of prosecution witnesses; urgent certified copy ordered as per rules.

Kishmat Saikh Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner, in custody for an offence under sections 20(b)(ii)C of N.D.P.S. Act whose earlier bail ended after issuance of N.B.W./A for failure to appear on a posting date, should be granted bail afresh under section 439, Cr.P.C.

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Court's answer

Considering the submissions and materials on record, the Court directed that the Petitioner be released on bail in the said case (Koraput GRPS Case No.4 of 2019 / T.R. Case No. 15 of 2019) on such terms and conditions as deemed just and proper by the trial court in seisin of the case.

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Ratio / Principle

Bail was conditioned on the Petitioner appearing before the trial court on each date of posting until conclusion of the trial and refraining from terrorizing or threatening prosecution witnesses.

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Key takeaways

Violation of any of the bail condition(s) shall entail cancellation of the bail.ratio¶21

Detailed headnote1 paragraphs

NDPS Act bail re-granted after lapse on NBW/A: Kishmat Saikh, in custody in Koraput GRPS Case No.4 of 2019 corresponding to T.R. Case No. 15 of 2019 (Additional Sessions Judge-cum-Special Judge, Koraput) for offence punishable under sections 20(b)(ii)C of N.D.P.S. Act, applied under section 439, Cr.P.C. He had earlier obtained bail by order of this Court dated 05.11.2019 in BLAPL No.7693 of 2019 but, owing to a communication gap with his counsel, failed to appear on a posting date, whereupon N.B.W./A was issued. On 06.05.2024 the Hon'ble Mr. Justice D. Dash (High Court of Orissa at Cuttack), over State objection noted, disposed of BLAPL No.2952 of 2024 by directing release on bail on terms fixed by the trial court, with conditions that the Petitioner attend court on every posting date till conclusion of trial and not terrorize or threaten prosecution witnesses; violation of any condition to entail cancellation of bail.

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2952 of 2024

Kishmat Saikh

.....

Petitioner

Represented By Adv. - Amulya Ratna Panda

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-versus-

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State Of Odisha

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..... Opposite Parties Represented By Adv. – P. K. Mohanty, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE D.DASH

ORDER

06.05.2024

Order No.

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

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This Petitioner, who is in custody in connection with Koraput GRPS Case No.4 of 2019 corresponding to T.R. Case No. 15 of 2019 pending before the learned Additional Sessions Judge-cum-Special Judge, Koraput for offence punishable under sections 20(b)(ii)C of N.D.P.S. Act, in filing this application under section 439, Cr.P.C. for his release on bail.

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Learned counsel for the Petitioner submits that the Petitioner was on bail by order passed by this Court on 05.11.2019 in BLAPL No.7693 of 2019. He further submits that for some unavoidable circumstance, since the Petitioner failed to appear on a particular date on which the case was posted and as there was communication gap between the

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Page 1 of 2.

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Petitioner and his counsel for his absence, N.B.W./A had been issued. He, therefore, urges for grant of bail to the Petitioner on such terms and conditions as deemed just and proper as in the meantime the Petitioner has remained in custody for further period and no useful purpose would be served by his further detention.

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Learned counsel for the State opposes the move.

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Considering the submissions made and on going through the materials on record, as also the other surrounding circumstances; while being inclined to consider the prayer for grant of bail to this Petitioner, it is directed that the Petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further condition that the Petitioner will appear before the Court in seisin of the case on each date of posting of the case, till conclusion of the trial and will not terrorize or threaten the prosecution witnesses.

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Violation of any of the condition(s) shall entail cancellation of the bail.

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

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(D. Dash)

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Signature Not Verified

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Judge

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Digitally Signed Signed by: GITANJALI NAYAK Designation: Junior Stenographer Reason: Authentication Gitanjali Location: OHC Date: 07-May-2024 16:51:31

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Page 2 of 2.

Kishmat Saikh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kishmat Saikh 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

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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