Orissa High Court
Mohesh Chobe @ Mahesh vs State Of Odisha on 16 November, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 11701 of 2023
Mohesh Chobe @ Mahesh .... Petitioner
Chobe
Mr. A.N. Pattanayak, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. H.K. Panigrahi, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
16.11.2023
Order No.
02. 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.08 of 2023 pending on the file of learned Additional District &
Sessions Judge-cum-Special Judge, Nabarangpur, arising out of
Maidalpur P.S. Case No.40 of 2023 for commission of offence alleged
under Sections 20(b)(ii)(C)/25/29 of the NDPS Act.
3. Being aggrieved by the rejection of his application for bail
U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge-
cum-Special Judge, Nabarangpur by order dated 03.10.2023 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 16.03.2023 on the accusation of being involved in
transportation of contraband (ganja) to the tune of 81 kg 810 grams.
5. It is stated that since charge sheet has already been filed on
04.08.2023, Petitioner may be released on bail.
6. It is the admitted case of the prosecution that contraband
(ganja) to the tune of 81 kg 810 grams was found in a Maruti
Suzuki Alto K10 bearing No.OD-02-AD-8424 and admittedly, the
Petitioner was not present in the said car.
7. It is the further case of the prosecution that the Petitioner
was the occupant of the Maruti Suzuki Baleno bearing Registration
No.BR-06-CJ-9441 along with one Atul Raj and there was constant
interaction between the occupants of the both the cars which is
borne out from the CDR details which are on record.
8. It is brought to the notice of this Court that the said Atul
Raj has since been released on bail by this Court by order dated
02.09.2023 in BLAPL No.9163 of 2023. Hence on the ground of
parity, Petitioner seeks release.
9. Learned counsel for the State on verification of the record
with fairness submits that ex-facie the Petitioner is similarly placed
yet he opposes the prayer for bail relying on the materials on record
and also in view of the bar contained in Section 37(1)(b)(ii) of the
NDPS Act.
10. Taking into account the release of the co-accused and
considering the nature of allegation 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, this Court directs the Petitioner to be
released on bail on such terms to be fixed by the learned Court in
seisin.
11. To allay the legitimate apprehension of the learned Public
Prosecutor regarding ensuring the presence of the Petitioner during
trial since he does not belong to the State of Odisha, additionally, it
is directed that 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.
12. It is further directed that one of the family member of the
Petitioner shall execute the P.R bond in addition to the sureties so
fixed.
13. Before releasing the Petitioner on bail, learned Court in
seisin is called upon to obtain instruction regarding antecedent of
the Petitioner from his parent police station i.e. P.S.-Nuaon, Garra,
Dist-Kaimur (Bhabua), State- Bihar. If it comes to fore that the
Petitioner has any criminal antecedent, this order shall stand
recalled.
14. Accordingly, the BLAPL stands disposed of.
15. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH)
Judge
Santoshi
Signature Not Verified
Digitally Signed
Signed by: SANTOSHI LENKA
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 17-Nov-2023 18:47:08
