Kunja Digal vs State Of Odisha
2023 Latest Caselaw 7257 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No.8393 of 2022

                 Kunja Digal                      ....                  Petitioner
                                                 Mr. S.K. Bhanjadeo, Advocate

                                           -versus-

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

                                 CORAM: JUSTICE V. NARASINGH

                                         ORDER

04.07.2023 Order No.

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

2. The Petitioner is an accused in C.T. Case No.44 of 2022 pending on the file of learned District & Sessions Judge-cum- Special Judge, Kandhamal, Phulbani, arising out of Gochhapada P.S. Case No.86 of 2022 for commission of the alleged offence under Sections 20(b)(ii)(C) of the 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 Special Judge, Phulbani by order dated 22.07.2022 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 16.07.2022 on the accusation that he along with co-accused are found to be in possession of contraband (ganja) to the tune of 47 Kg.

5. Relying on the order dated 24.01.2023 in respect of the co- accused in BLAPL No.11861 of 2022 and by order dated 30.06.2023 in BLAPL No.3338 of 2023, the Petitioner seeks release on the ground of parity.

6. Learned counsel for the Petitioner further submits that the since the Petitioner is the first offender, he may be released on bail.

7. Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37 of the N.D.P.S. Act.

8. Taking into account the release of the co-accused and 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 and as it is submitted by the learned counsel for the Petitioner that the Petitioner is the first offender, 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 criminal antecedent of any nature.

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

10. 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 Court in seisin.

11. The BLAPL thus stands disposed of.

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

Signature Not Verified
Digitally Signed
Signed by: AYESHA ROUT
Designation: Junior Stenographer
Reason: Authentication                                                          (V. NARASINGH)
Location: High Court of Orissa
Date: 06-Jul-2023 16:40:50     Ayesha                                                 Judge