Allowed

Gada @ Gadadhar Behera v. State of Odisha

Orissa HC6 Feb 2024CRLA/970/2023

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of an interim application for condonation of delay and the main Criminal Miscellaneous Application. It held the delay condonable and recalled a non-bailable warrant, directing execution to be stayed for two weeks upon surrender.

What did the court decide?

Non-bailable warrant recalled; execution stayed for two weeks if appellant surrenders and moves bail application by two weeks from today.

Gada @ Gadadhar Behera Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No.970 of 2023

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Gada @ Gadadhar Behera

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Appellant

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Mr.S.K. Rout, Advocate

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-versus-

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State of Odisha & another

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…. Respondents

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Mr. Priyabrata Tripathy Addl. Standing Counsel

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CORAM:

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JUSTICE S.K. SAHOO

ORDER

Order No.

06.02.2024

I.A. No. 36 of 2024

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This matter is taken up through Hybrid arrangement (video conferencing/physical mode). This is an application for condonation of delay. Learned counsel for the State submits that notice on the informant has been made sufficient.

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None appears for the informant.

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Considering the submissions made by the learned

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counsel for the parties and taking note of the averments made in the interim application, delay in filing the appeal is condoned.

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I.A. stands disposed of.

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( S.K. Sahoo) Judge

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P.T.O.

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// 2 //

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CRLA No.970 of 2023

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This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with C.T. (Special) Case No.01 of 2018 arising out of Sadar P.S. Case No.446 of 2017 pending in the Court of learned Judge, Special Court, Dhenkanal for offences punishable under sections 341/294/ 323/324/509/307/506 read with section 3(1)(r)(s)(2)(va) of the S.C. & S.T. (PoA) Act.

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Learned counsel for the appellant submits that the appellant was earlier on bail, but due to non-taking of steps in the learned trial Court, non-bailable warrant of arrest was issued against him vide order impugned order dated 30.08.2022. He further submits that the appellant is ready and willing to cooperate with the learned trial Court for early disposal of the case and therefore, the non-bailable warrant of arrest may be recalled.

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Learned counsel for the State opposes the prayer for bail.

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Considering the submissions made by the learned counsel for the respective parties and the fact that the appellant was earlier on bail, I am inclined to recall the non-bailable warrant of arrest issued against him pursuant to the impugned order dated 30.08.2022. Accordingly, it is directed that in the event the appellant surrenders before the learned trial Court within a period of two weeks from today and moves

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Page 2 of 3

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// 3 //

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and application for bail, he shall be released on bail on such terms and conditions as the learned trial Court may deem just and proper. The non-bailable warrant of arrest, if not executed, shall not be executed for a period of two weeks.

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The CRLA is accordingly disposed of. Issue urgent certified copy as per Rules.

( S.K. Sahoo)

PKSahoo

Judge

Signature Not Verified

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Digitally Signed Signed by: PRAMOD KUMAR SAHOO Designation: Secretary Reason: Authentication Location: HIGH COURT OF ORISSA Date: 07-Feb-2024 10:40:55

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Gada @ Gadadhar Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Gada @ Gadadhar Behera 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

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