Dasarath Shivhare vs State Of Odisha

Savitri Ratho, J

This matter is taken up by hybrid mode.

None appears for the petitioner when the matter is called.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner-Dasarath Shivhare in connection with Sonepur P.S. Case No.150 of 2015 corresponding to G.R. Case No.28 of 2015 pending in the Court of the learned Addl. Sessions Judge-cum-Special Judge, Sonepur for commission of offence punishable under Section 20 (b) (ii) (c) of N.D.P.S. Act.

The application for bail was rejected earlier by the learned Addl. Sessions Judge-cum-Special Judge, Sonepur vide order dated 19.06.2019.

The petitioner had been granted interim bail for a period of three months vide order dated 22.12.2020 passed in I.A. No.1163 of 2020.

Since the petitioner did not surrender on 3.4.2021, i.e., after expiry of three months, a report had been called for from the learned Addl. Sessions Judge-cum-Special Judge, Sonepur, who has reported that N.B.W. of arrest has been issued against the petitioner through Superintendent of Bonda (U.P.) on 5.4.2021. Subsequently reminders for early execution of N.B.W. of arrest has been issued against the petitioner vide office letter No.2032 dated 7.9.2021 and letter No.2841 dated 2.12.2021 and the case against the accused has been split up.

Considering the report and the fact that the petitioner has mis-utilised the liberty granted to him while granting him interim bail, I do not think that it is a fit case to release the petitioner on bail.

The BLAPL is accordingly dismissed.

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