Papu @ Pabitra Mohan Sahu vs State Of Odisha
2023 Latest Caselaw 12061 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    BLAPL No. 10745 of 2023

                 Papu @ Pabitra Mohan Sahu         ....                   Petitioner
                                                        Mr. B.K. Behera, Advocate

                                             -versus-

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

                                CORAM: JUSTICE V. NARASINGH

                                          ORDER

05.10.2023 Order No.

01. 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.09 of 2022 pending in the Court of learned Additional District & Sessions Judge-cum-Special Judge (Special Court), Rairakhol, arising out of Naktideul P.S. Case No.70 of 2022 for commission of offence alleged under Sections 20(b)(ii)(C) of the NDPS Act for possessing contraband (ganja) to the tune of 79 kgs.

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 (Special Court), Rairakhol by order dated 13.09.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the Petitioner was released on bail by this Court by order dated 30.08.2023 in BLAPL No.8806 of 2023.

5. While doing so, this Court took note of the fact that the Petitioner has a criminal antecedent of similar nature in which he has

been acquitted by the judgment dated 20.05.2016 passed by the learned Judge, Special Court, Angul in Special Case No.16 of 2011.

6. While submitting a report regarding the criminal antecedent of the Petitioner, it was stated that the Petitioner is an accused in Chhendipada P.S. Case No.131 of 2021 and referring to the same, the learned Court in seisin rejected the bail application of the Petitioner.

7. This Court does not find any infirmity in the order passed by the learned Court in seisin, since it went by the detail submitted.

8. Vide annexure-7 copy of the FIR in Chhendipada P.S. Case No.131 of 2021 has been annexed, from which it is evident that the present Petitioner has not been arrayed as an accused.

9. Considering the same, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

10. Before parting with the case, the concerned I.I.C. Naktideul Police Station, Sambalpur is advised to be more careful in future while submitting the criminal antecedent to the learned Court in seisin.

10.A. Copy of this order be sent to the concerned Range D.I.G & S.P..

11. Registry is requested to do the needful.

12. Accordingly, the BLAPL stands disposed of.

13. 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: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 06-Oct-2023 19:21:45