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Orissa High CourtBLAPL/146/2020disposed off

Bishnu Das Kanhar v. State Of Odisha

2022-01-06Mr. Justice D.Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL NO.146 OF 2020 Bishnu Das Kanhar ....

Petitioner Mr. G. Mohanty, Advocate -versusState of Odisha ....

Opposite Party Mr. D.R. Parida, ASC.

CORAM:

MR. JUSTICE D.DASH

ORDER

06.01.2022 10.

1.

The matter is taken up through hybrid arrangement Order No.

(virtual/physical) mode.

2.

This is the second journey of the Petitioner who is in custody in connection with Phiringia P.S. Case No.84 of 2017 corresponding to C.T. Case No.87 of 2017 on the file of learned Addl. Sessions Judge-cum-Special Judge, Phulbani for alleged commission of offence under Section -20(b)(ii)(C) of the NDPS Act, in filling this application under section 439, Cr.P.C. for his release on bail.

3.

Learned Counsel for the Petitioner submits that despite all possible efforts, he has not been able to establish contact with the Petitioner and set the information so as to place before the Court as to if he after expiry of the period of interim bail has surrendered before the Court in seisin of the case or not. In the above circumstances, he fairly expresses his inability to pursue this bail application further.

// 2 // 4.

Learned Counsel for the State submits to have received no instruction as to the surrender of the Petitioner before the Court in seisin of the Case.

5.

In the above state of affairs, this application stands disposed of with a direction to the learned Court in seisin of the case that if in the meantime, the Petitioner has not been forwarded to custody; all such effective steps as provided in law should be taken to ensure his presence to forward him to custody for onward progress of the case in accordance with law.

6.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan