Malamajhi Kinihadaka And Others vs State Of Odisha
2022 Latest Caselaw 6069 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 ABLAPL No.13943 of 2022

               Malamajhi Kinihadaka and others ....           Petitioners
                                              Mr. S.S. Ray-2, Advocate

                                           -versus-

               State of Odisha                         ....          Opp. Party
                                                      Mr. Debasis Biswal, ASC

                        CORAM:
                        JUSTICE CHITTARANJAN DASH
                                       ORDER

Order No. 31.10.2022

01. 1. Heard learned counsel for the Petitioners and the State.

2. This is an application under Section 438 Cr.P.C. filed by the Petitioners for anticipatory bail for the offences under Sections 20(a)(i)/25 of the NDPS Act.

3. It is submitted by learned counsel for the Petitioners that the present Petitioners along with other co-accused persons are villagers, against whom it is alleged that they were involved in cultivating cannabis plant. He further submitted that on the basis of some confidential enquiry, the name of the Petitioners have been added in the present case and therefore, apprehending arrest, the present Petitioners have approached this Court by filing application under Section 438 Cr.P.C. However, learned counsel for the Petitioners submits that statements of the co-accused persons is not admissible in evidence in view of the judgment of the Hon'ble // 2 //

Supreme Court in the case of Tofan Singh v. State of Tamilnadu, reported in (2021) 4 SCC 1.

4. Keeping in view the submission of the parties and having gone through the nature of allegations as emerged from the material on record and further the circumstances appearing, the seriousness and gravity of the offences, it is observed that the Petitioners, and the fact that the co-accused persons have already been considered, if so advised, may surrender before the learned Additional Sessions Judge-cum-Special Judge, Gunupur in T.R. Case No.146 of 2021 corresponding to Chandrapur P.S. Case No.66 of 2021 within a period of three weeks' from today. In the event the Petitioners surrender and move for bail within the aforesaid stipulated period, the learned court below shall do well to dispose of the bail application in accordance with law.

5. Ground of parity, if canvassed by the learned counsel for the Petitioners shall also be taken into consideration by the learned court below, while considering the bail application of the Petitioners.

4. The ABLAPL is disposed of in the above terms.

(Chittaranjan Dash) Judge

KC Bisoi