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Imtiyaz Ahamad v. State of Odisha

Orissa HC8 Jan 2025BLAPL/73/2025

Case brief

AI extract

What is this about?

Keywords: bail granted; Section 483 BNSS; BLAPL; High Court of Orissa at Cuttack; contraband Ganja 20 Kg 700 Gms slightly above commercial quantity; Khandagiri P.S. Case No.822/2024; T.R. Case No.622/2024; District & Sessions Judge Khurda Bhubaneswar; bail bond Rs.30,000/-; two solvent sureties; no criminal antecedents; custody since 22.11.2024; investigation in progress; petitioner Imtiyaz Ahamad; counsel S.S. Dash and P.K. Mohanty ASC; Justice R.K. Pattanaik.

What did the court decide?

Release of the petitioner on bail in connection with T.R. Case No.622 of 2024 corresponding to Khandagiri P.S. Case No.822 dated 22nd November, 2024, upon furnishing a bail bond of Rs.30,000/- with two solvent sureties for the like amount each, with further suitable conditions left to the learned District & Sessions Judge, Khurda, Bhubaneswar considering his nativity.

Imtiyaz Ahamad Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be released on bail under Section 483 BNSS in connection with T.R. Case No.622 of 2024 (arising out of Khandagiri P.S. Case No.822 dated 22nd November, 2024).

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Court's answer

Considering that the recovered contraband Ganja of 20 Kg 700 Gms. was only slightly above the commercial quantity, that the petitioner had no other criminal antecedent of similar nature, that the investigation was in progress, and that he had been in custody from 22nd November, 2024, the Court formed the view that he should be released on bail subject to conditions.

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Ratio / Principle

The petition under Section 483 BNSS stands allowed; the petitioner is directed to be released on bail in connection with T.R. Case No.622 of 2024 corresponding to Khandagiri P.S. Case No.822 dated 22nd November, 2024, subject to furnishing a bail bond of Rs.30,000/- with two solvent sureties for the like amount each, the trial court being free to impose such other suitable conditions as deemed just and proper considering his nativity.

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Detailed headnote1 paragraphs

Bail granted — High Court of Orissa at Cuttack (R.K. Pattanaik, J.), 08.01.2025, BLAPL No.73 of 2025: Petition under Section 483 BNSS for release on bail in T.R. Case No.622 of 2024 (Khandagiri P.S. Case No.822 dated 22.11.2024; FIR at Annexure-1; earlier bail rejection at Annexure-2) allowed. Recovery of contraband Ganja 20 Kg 700 Gms. — slightly above commercial quantity; no criminal antecedent of similar nature; investigation in progress; custody since 22.11.2024. Petitioner directed to be released on bail bond of Rs.30,000/- with two solvent sureties for the like amount each; further conditions left to the District & Sessions Judge, Khurda, Bhubaneswar considering his nativity.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.73 of 2025

Imtiyaz Ahamad

…. Petitioner

Mr. S.S. Dash, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. P.K. Mohanty, ASC

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CORAM: MR. JUSTICE R.K. PATTANAIK

ORDER

08.01.2025

Order No.

Heard learned counsel for the respective parties.

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Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with T.R. Case No.622 of 2024 pending in the file of learned District & Sessions Judge, Khurda, Bhubaneswar corresponding to Khandagiri P.S. Case No.822 dated 22^nd November, 2024 on the grounds stated therein.

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Gone through the FIR as at Annexure-1 and the rejection order i.e. Annexure-2.

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Considered the submissions of the learned counsels for the petitioner and the State.

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In so far as recovery is concerned, it relates to contraband Ganja of 20 Kg 700 Gms., which is slightly above the commercial quantity. The petitioner does not have any other criminal antecedent of similar nature as claimed. The investigation is in progress, as informed by Mr. Mohanty, learned ASC for the State. Recording the submission of the learned counsel for the petitioner that the petitioner is having no other criminal antecedent and the

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fact that he is in custody from 22^nd November, 2024, this Court is of the view that he should be released on bail subject to following conditions.

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Hence, it is ordered.

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In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with T.R. Case No.622 of 2024 corresponding to Khandagiri P.S. Case No.822 dated 22^nd November, 2024 subject to him furnishing a bail bond of Rs.30,000/-(Rupees thirty thousand) with two solvent sureties for the like amount each to the satisfaction of learned District & Sessions Judge, Khurda, Bhubaneswar, who shall impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case considering his nativity.

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BLAPL stands disposed of.

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Issue urgent certified copy as per rules.

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(R.K. Pattanaik) Judge

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Alok

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Signature Not Verified

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Digitally Signed Signed by: ALOK RANJAN SETHY Designation: Asst. Registrar-Cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT Date: 09-Jan-2025 10:41:22

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Imtiyaz Ahamad v. State of Odisha

Case brief

What is this about?

What did the court decide?

Imtiyaz Ahamad 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

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