Orissa High Court
Malati Digal vs State Of Odisha .... Opposite Party on 7 December, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 11779 of 2023
Malati Digal .... Petitioner
Mr. A.R. Panda, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
BLAPL No. 11780 of 2023
Abhiram Digal .... Petitioner
Mr. A.R. Panda, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
BLAPL No. 11781 of 2023
Manoj Kanhar .... Petitioner
Mr. A.R. Panda, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
BLAPL No. 11860 of 2023
Rajesh Kumar Sahoo .... Petitioner
Mr. S.R. Subudhi, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. H.K. Panigrahi, ASC
Page 1 of 4
BLAPL No. 11958 of 2023
Parvati Digal .... Petitioner
Mr. A.R. Panda, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. H.K. Panigrahi, ASC
BLAPL No. 11959 of 2023
Rina Digal .... Petitioner
Mr. A.R. Panda, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. H.K. Panigrahi, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
07.12.2023
Order No.
03 1. Since all the six BLAPLs relate to the same P.S. Case
(Phiringia P.S. Case No.51 of 2023) (on the file of learned Sessions
Judge-cum-Special Judge, Phulbani), they are heard together on the
consent of the Parties and are being disposed of by this common
order.
2. Heard learned counsel for the Petitioners and learned
counsel for the State.
3. Learned counsel for the Petitioners, on instruction, submits
that except the present BLAPLs, no other bail application of the
Petitioners are pending in any other Court.
4. The Petitioners are accused in connection with C.T. Case
No.59 of 2023, pending before the learned Sessions Judge-cum-
Special Judge, Phulbani, arising out of Phiringia P.S. Case No.51 of
2023, for alleged commission of offences under Sections
20(b)(ii)(C)/25/29 of NDPS Act.
4. Being aggrieved by the rejection of their application for
bail U/s.439 Cr.P.C. by the learned Special Judge, Phulbani I/c., by
order dated 10.10.2023 in the aforementioned cases, the present
BLAPLs have been filed.
5. It is submitted by the learned counsel that the Petitioners
are in custody since 30.03.2023 on the allegation of carrying
contraband to the tune of 75Kgs (Ganja) in an auto rickshaw.
6. It is submitted by the learned counsel that all the
Petitioners are the first offenders and as charge sheet has already
been filed on 24.09.2023, they may be released on bail.
7. Learned counsel for the State opposes the prayer for bail
referring to the bar contained in Section 37(1)(b)(ii) of NDPS Act.
8. It is brought to the notice that by order dated 29.11.2023,
two of the co-accused namely, Pramila Digal and Kausalya Digal
have since been released on bail by this Court by order dated
29.11.2023 in BLAPL Nos.12085 & 12086 of 2023 respectively.
Hence, on the ground of parity, the Petitioners seek release.
9. It is apt to note here that while releasing the said
Petitioners who are ladies, this Court was not inclined to entertain
the bail application of one Subrat Digal in BLAPL No.12084 of
2023.
10. Keeping in view the question of parity in terms of 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, this Court directs the Petitioners (Malati Digal,
Parvati Digal & Rina Digal) in BLAPL Nos.11779, 11958 & 11959
of 2023 to be released on bail on such terms to be fixed by the
learned Court in seisin subject to verification of criminal
antecedent.
11. If it comes to the fore that the Petitioners (Malati Digal,
Parvati Digal & Rina Digal) in BLAPL Nos.11779, 11958 & 11959
of 2023 have any criminal antecedent, this order shall not be given
effect to.
12. Taking into account the nature of allegation, this Court is
not inclined to entertain the bail applications of Petitioners
(Abhiram Digal, Manoj Kanhar & Rajesh Kumar Sahoo) in BLAPL
Nos.11780, 11781 & 11860 of 2023 at this stage.
13. Liberty is granted to the Petitioners (Abhiram Digal,
Manoj Kanhar & Rajesh Kumar Sahoo) in BLAPL Nos.11780,
11781 & 11860 of 2023 to renew their prayer before the learned
Court in seisin at a later stage.
14. If such an application is filed, the same shall be considered
on its own merit without being influenced by the earlier rejection or
order passed by this Court.
15. Accordingly, the BLAPLs stand disposed of.
16. Urgent certified copy of this order be granted as per the
rules.
(V. NARASINGH)
Judge
Ayesha
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 08-Dec-2023 18:00:05
