RABI PRAKASH vs THE STATE OF ODISHA - 2024 Supreme(Online)(SC) 6720

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(SC) 6720

`ITEM NO.44 COURT NO.4 SECTION II-B`
`S U P R E M E C O U R T O F I N D I A`
`RECORD OF PROCEEDINGS`
`Miscellaneous Application No.471/2024 in SLP(Crl) No.4169/2023`
`(Arising out of impugned final judgment and order dated 13-07-2023`
`in SLP(Crl) No.4169/2023 passed by the Supreme Court Of India)`
`RABI PRAKASH Petitioner(s)`
`VERSUS`
`STATE OF ODISHA`
`Respondent(s)`
`(Letter dated 19.01.2024 of the Additional District & Session`
`Judge-cum Special Judge (NDPS), Koraput Odisha is listed for`
`directions)`

`Date : 07-03-2024 This petition was called on for hearing today.`
`CORAM : HON'BLE MR. JUSTICE SURYA KANT`
`HON'BLE MR. JUSTICE K.V. VISWANATHAN`
`For Petitioner(s)`
`By Courts Motion, AOR`

`Mr. Shyam Manohar, Adv.`
`Ms. Kiran Pandey, Adv.`
`Ms. Mohini Kumari, Adv.`
`Ms. Manju Jetley, AOR`

`For Respondent(s)`
`Ms. Sharmila Upadhyay, AOR`
`Mr. Sarvjit Pratap Singh, Adv.`

`UPON hearing the counsel the Court made the following`

ORDER

1. The petitioner (Rabi Prakash) was ordered to be released on bail vide order dated 13.07.2023, subject to the conditions contained in paragraph 6 of the order, which reads as follows:

“6.

Consequently, while directing that the petitioner shall be released on bail on his furnishing bail bonds to the satisfaction of the Trial Court, it is directed that he shall be required to produce two local sureties before the Trial Court. The petitioner shall also appear before the Trial Court on every date of hearing. In case he absents himself, it shall be taken as a misuse of concession of bail granted to him today by this Court.

Digitally signed by Deepak Singh Date: 2024.03.07 17:26:42 IST Reason:

Signature Not Verified Ordered accordingly.”

2. We have now received a communication dated 19.01.2024 from the Additional District & Sessions Judge-cum-Special Judge (NDPS), Koraput, Odisha informing that the petitioner failed to appear before the Trial Court on 19.01.2024 and consequently non-bailable warrants have been issued against him to secure his presence.

3. Let the non-bailable warrants be executed against the petitioner and the Trial Court is permitted to keep the petitioner in judicial custody till he approaches this Court afresh for recall/modification of this order.

4. The miscellaneous application is, accordingly, disposed of.

(ARJUN BISHT) (PREETHI T.C.) COURT MASTER (SH) COURT MASTER (NSH)

Click Here to Read the rest of this document