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HC rejects Odisha bizman's plea

Press Trust of India  |  Cuttack 

The High today rejected a writ filed by arrested businessman Mahimananda Mishra, the CMD of Stevedores Limited, alleging illegal judicial detention.

Mishra's petition, which was sworn by his son, was turned down by a division bench of justices B K Nayak and D P Choudhury.

The stated that Mishra was arrested by Paradeep police on December 26, 2016 in connection with a case that took place in that town in October that year.

He was subsequently remanded in jail custody by a lower which rejected his bail.

During his detention in jail, police took Mishra on remand in January and quizzed him in connection with a 2013 bombing case.

Accordingly, the SDJM of sadar on May 10 took cognisance of the charges leveled against Mishra in the bombing case and sent him to judicial custody till May 19.

On May 16, the High granted bail to Mishra in the Paradeep case. But the sadar SDJM did not order for any further remand of Mishra in the bombing case after the previous remand period expired on May 19.

Mishra was also not produced before the same either physically or through video conferencing after May 19.

Alleging that his detention in custody without any remand order from after May 19 was illegal and arbitrary, Mishra had urged the high to direct the state government to release him from custody.

But the high rejected the of Mishra observing that non-production of the accused in the and in the absence of a remand order the judicial proceedings cannot be vitiated.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Thu, September 14 2017. 22:48 IST