Orissa High Court
Suman Pramanick vs State Of Odisha on 21 September, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 8474 of 2023
Suman Pramanick .... Petitioner
Mr. M.K. Chand, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
21.09.2023
Order No.
03. 1. Heard learned counsel for the Petitioner and learned
counsel for the State.
2. The Petitioner is an accused in connection with Special
G.R. Case No.41 of 2022 (NDPS), pending on the file of learned
Sessions Judge-cum-Special Judge, Bhanjanagar, arising out of
Bhanjanagar P.S. Case No.594 of 2022 for commission of the
alleged offence under Sections 20(b)(ii)(C) 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 Sessions Judge-cum-Spl.
Judge, Bhanjanagar, Dist-Ganjam by order dated 17.07.2023 in the
aforementioned case, the present bail application has been filed.
4. It is submitted that the Petitioner is in custody since
06.11.2022 on the accusation of possessing contraband (ganja) to
the tune of 60 kg 830 grams along with other co-accused.
5. It is stated that since charge sheet has already been filed on
31.03.2023, he may be released on bail.
6. Learned counsel for the State opposes the prayer for bail in
view of the bar contained in Section 37(1) of the NDPS Act.
7. It is submitted by the learned counsel for the Petitioner that
co-accused since been released on bail by this Court by order dated
24.07.2023 in BLAPL No.6810 of 2023. Hence Petitioner seeks
release inter alia on the ground of parity and in this context, he
relies in 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.
8. Taking note of the same and bleak chance of early trial,
this Court directs the Petitioner to be released on bail on such terms
to be fixed by the learned Court in seisin.
9. 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.
10. It is further directed that one of the family members of the
Petitioner shall execute a P.R bond in addition to the sureties so
fixed.
11. While releasing the Petitioner on bail, learned Court below
shall verify the criminal antecedent of the Petitioner from his parent
police station i.e., P.S.- Hongolberia, Dist-Nadia (West Bengal). If
it comes to fore that the Petitioner has criminal antecedent of any
nature, this order shall stand recalled.
12. Accordingly, the BLAPL stands disposed of.
Signature Not Verified Urgent certified copy of this order be granted as per rules.
Digitally Signed
Signed by: SANTOSHI LENKA
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 23-Sep-2023 14:13:02
(V. NARASINGH)
Judge
Santoshi
