Somnath Khilla vs State Of Odisha
2023 Latest Caselaw 9696 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    BLAPL No. 922 of 2023

                 Somnath Khilla                   ....                  Petitioner
                                                       Mr. P.K. Sahoo, Advocate

                                            -versus-

             State of Odisha                      ....             Opposite Party
                                                           Mr. K.K. Gaya, ASC

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

21.08.2023 Order No.

03. 1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is an accused in connection with Spl. G.R. Case No.90 of 2022, pending in the file of learned Sessions Judge- cum-Special Judge, Malkangiri, arising out of Mathili P.S. Case No.109 of 2022 for alleged commission of offences under Sections 20(b)(ii)(C) of the NDPS Act.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Malkangiri by order dated 12.12.2022 in the aforementioned case, the present BLAPL has been filed.

4. This Court by order dated 28.06.2023 rejected the bail application of the co-accused in BLAPL Nos.927 and 928 of 2023, namely, Kamlu Nayak and Mukunda Nayak respectively.

5. There is nothing on record to indicate that there are any distinguishing features so far as the present petitioner is concerned.

6. Keeping in view the judgment of the Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation

& another, reported in 2022 (10) SCC 51 relating to parity, this Court is not inclined to entertain this bail application at this stage.

7. Since it is stated that the petitioner is in custody since 24.05.2022 for more than a year, the learned Court in seisin is requested to expedite the trial.

8. Accordingly, the BLAPL stands disposed of.

(V. NARASINGH) Judge Santoshi

Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa Date: 22-Aug-2023 19:05:47