Orissa High Court
Sanjaya Sabar vs State Of Orissa on 3 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 7807 of 2023
Sanjaya Sabar .... Petitioner
Mr. A. Das, Advocate
-versus-
State of Orissa .... Opposite Party
Mr. A. Pradhan, A.S.C.
BLAPL No. 7808 of 2023
Somanath Sabar .... Petitioner
Mr. A. Das, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, A.S.C
CORAM: JUSTICE V. NARASINGH
ORDER
03.10.2023
Order No.
03. 1. Since both the matters arise out of Mohana P.S. Case No.64 of
2021, they are heard together and disposed of by this common order on
the consent of the parties.
2. Heard learned counsel for the petitioners, learned counsel for
the State.
3. The petitioners are accused in connection with G.R. Case
No.51(A) of 2021, pending in the Court of learned Sessions Judge-cum-
Special Judge, Gajapati, arising out of Mohana P.S. Case No.64 of 2021,
for commission of alleged offences under Section 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 Sessions Judge-cum-Special Judge,
Gajapati by order dated 04.07.2023 in the aforementioned case, the
present BLAPL has been filed.
5. Learned counsel for the Petitioner in BLAPL No.7807 of 2023
submits that the basis of implication is on account of the co-accused
statement and the contraband involved in the case at hand is 115 Kg 100
grams. In this context he relies on Judgment of Apex Court in the case of
Tofan Singh vrs. State of Tamil Nadu, reported in (2020) 80 OCR
(SC) 641 and the State of Haryana vrs. Samarth Kumar reported
in 2022 Live Law (SC) 622 and seeks release.
6. Learned counsel for the Petitioners relies on the order dated
06.09.2022 in respect of the co-accused Govind Sabar passed by this
Court in BLAPL No.6747 of 2023, and seeks release inter alia, on the
ground of parity.
7. So far as the BLAPL No.7808 of 2023(Somanath Sabar) is
concerned, the Petitioner is the owner of the truck. Admittedly he was
not present at the spot when the contraband was seized from the vehicle
owned by him.
8. It is submitted by the learned counsel for the State that the
present Petitioners cannot said to be at par with the co-accused and also
in view of bar contained in Section-37(1) of NDPS Act, learned counsel
for the State opposes the prayer of both the accused persons to be
released on bail.
9. It is submitted by the learned counsel for the Petitioners in
BLAPL No.7808 of 2023(Somanath Sabar) that mearly because the
Petitioner is the owner of the vehicle from which the contraband was
seized, the nature of accusation qua the said Petitioner is primarily on the
basis of co-accused statement. Hence, he ought not to be treated
differently and in this context he relies on the judgment of Apex Court in
the case of Satendra Kumar Antil vrs. Central Bureau of
Investigation & another, reported in 2022(10) SCC 51 relating to
parity which is extracted hereunder.
In Paragraph-71 of the said judgment while dealing with the
aspect of the parity, the Apex Court held as under.
"Uniformity and certainty in the decisions of the court are
the foundations of judicial dispensation. Persons accused with the
same offence shall never be treated differently either by the same
court or by the same or different courts. Such an action though by an
exercise of discretion despite being a judicial one would be a grave
affront to Articles 14 and 15 of the Constitution of India."
10. On a conspectus of the materials on record and keeping in view
the release of co-accused and the manner of accusation, since admittedly
both the Petitioners were not present at the spot and the implication
primarily is on account of co-accused statement notwithstanding the
different status of the Petitioner, more particularly in BLAPL No.7808
of 2023 this Court directs the Petitioners to be released on bail on such
terms to be fixed by the learned court in seisin over the matter subject to
verification of criminal antecedent of any nature.
11. If it comes to fore that the Petitioners have any criminal
antecedent, this order shall stand recalled.
12. Additionally, it is directed that Petitioners shall appear before
the jurisdictional police station once every week 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.
13. Accordingly, the BLAPL stands disposed of.
14. Urgent certified copy of this order be granted as per rule.
Signature Not Verified
Digitally Signed
Signed by: SOUMYA RANJAN SAMAL
Designation: Jr. Stenographer (V. NARASINGH)
Reason: Authentication
Location: High Court of Orissa
Date: 04-Oct-2023 11:08:58
Judge
Soumya
