Sibamani Sankam vs State Of Odisha
2023 Latest Caselaw 9909 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No.3894 of 2023

                 Sibamani Sankam                ....                 Petitioner
                                                 Mr. R.L. Pattnaik, Advocate
                                          -versus-

             State of Odisha                    ....            Opposite Party

                                                        Mr. A. Pradhan, ASC

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

23.08.2023 Order No.

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

2. The Petitioner is an accused in Special G.R. Case No.143 of 2022, pending on the file of learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Chitrakonda P.S. Case No.118 of 2022, for commission of alleged offence under Section 20(b)(ii)(C) of 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 14.03.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the co-accused who was similarly placed was riding motor cycle along with the present petitioner allegedly escorting the vehicle from which contraband to the tune of 104Kgs 500gms (Ganja) was seized has

been enlarged on bail by this Court by order dated 25.04.2023 in BLAPL No.4001 of 2023.

5. Such submission is not refuted by the learned counsel for the State on the basis of materials on record.

6. Taking into account the release of the co-accused who is prima facie similarly circumstanced and keeping in view the judgment of the apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Another, reported in 2022 (10) SCC 51 relating to parity, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in Seisin.

7. Before releasing the petitioner on bail, learned Court in seisin is called upon to verify criminal antecedent of the petitioner. If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled.

8. Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every month 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 learned Court in seisin.

9. Accordingly, the BLAPL stands disposed of.

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

(V. NARASINGH) Judge Ayesha

Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa Date: 24-Aug-2023 17:39:11