Md. Jawed Akhter v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6098 of 2021 Md. Jawed Akhter ....

Petitioner None -versusState of Odisha ....

Opp. Party Mrs.Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

29.07.2022 07.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard the learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with C.T. Case No.30 of 2020 arising out of Phiringia P.S. Case No.43 of 2020 pending in the Court of learned Sessions Judge -cumSpecial Judge, Phulbani, Kandhamal for offences punishable under sections 20(b)(ii)(C)/25/29 of the N.D.P.S. Act.

The petitioner moved an application for bail before the Court of learned of learned Sessions Judge -cum- Special Judge, Phulbani, Kandhamal, which was rejected on 06.05.2021. Since no surrender certificate

// 2 // was filed and the learned counsel for the petitioner submitted on 30.06.2022 that he has no instruction as to whether the petitioner has surrendered in the Court below after availing the interim bail period or not, this Court called for a report from the learned trial Court. The learned trial Court has reported that after availing the interim bail period, the petitioner has not surrendered for which non-bailable warrant of arrest has been issued against him and notice has been issued to the bailors.

Since the petitioner has flouted the terms and conditions of the interim bail, I am not inclined to entertain this bail application.

Accordingly, prayer for bail stands rejected and BLAPL stands dismissed.

Copy of the order be communicated to the learned trial Court forthwith.

PKSahoo ( S.K. Sahoo) Judge