Papu @ Pabitra Mohan Sahu vs State Of Odisha
2023 Latest Caselaw 10462 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  BLAPL No. 8806 of 2023

             Papu @ Pabitra Mohan Sahu          ....                  Petitioner
                                                    Mr. B.K. Behera, Advocate
                                         -versus-

             State of Odisha                    ....             Opposite Party
                                                          Mr. S. Mishra, ASC

                               CORAM: JUSTICE V. NARASINGH
                                          ORDER

30.08.2023 Order No.

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

2. The Petitioner is an accused in connection with T.R. Case No.09 of 2022, pending before the Court of the learned Addl. District & Sessions Judge-Cum-Special Judge(Special Court), Rairakhol arising out of Naktideul P.S. Case No. 70 of 2022 for alleged commission of offences under Sections 20(b)(ii)(c) of N.D.P.S. Act.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum- Judge(Special Court), Rairakhol by order dated 23.05.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the Petitioner is in custody since 27.08.2022 on the accusation of possession of contraband (ganja) to the tune of 79 Kgs and as charge sheet has been filed on 24.12.2022, his further continuance in custody is not warranted.

5. Learned counsel for the Petitioner relies on the order passed by this Court dated 25.04.2023 in respect of co-accused, namely, Tuna Behera in BLAPL No. 4000 of 2023 and the Petitioner seeks release, inter alia, on the ground of parity.

6. It is brought to the notice of the Court that the Petitioner was an accused in case of similar nature in which he has been acquitted by Judgment dated 20.05.2016 passed by the learned Judge, Special Court, Angul in Special Case No.16 of 2011.

7. It is submitted by the learned counsel for the Petitioner that he has no other criminal antecedents, hence he may be released on bail.

8. Learned counsel for the State opposes the prayer for bail.

9. Taking into account the basis of implication, release of co- accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of the criminal antecedent of any nature other than Special Case No.16 of 2011.

10. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall stand recalled.

11. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

12. Accordingly, the BLAPL stands disposed of.

13. Urgent certified copy of this order be granted as per the rules.

Signature Not Verified                                            (V. NARASINGH)
Digitally Signed                                                        Judge
Signed by: SOUMYA RANJAN SAMAL
Designation: Jr. Stenographer
Reason: Authentication
              Soumya
Location: High Court of Orissa
Date: 31-Aug-2023 20:15:28