Sudhir Kishan @ Sudhir Kisan vs State Of Odisha
2023 Latest Caselaw 11821 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                ABLAPL No.10466 of 2023

                 Sudhir Kishan @ Sudhir Kisan            ....             Petitioner
                                                        Mr.S.S.Pattnaik, Advocate

                                             -versus-
                 State of Odisha                        ....          Opp. Party
                                                        Mr. M.K.Mohanty, A.S.C.
                                         CORAM:

                             JUSTICE A.K. MOHAPATRA
                                         ORDER

Order No.                               29.09.2023

    02.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel. Perused the records.

3. This is an application under Section 438 Cr.P.C. filed by the Petitioner for anticipatory bail.

4. The Petitioner is seeking pre-arrest bail in connection with Special G.R.Case No.12 of 2023 arising out of Excise Deogarh Range P.R.Case no.207 of 2023 pending in the Court of the learned Sessions Judge-cum-Judge, Special Court, Deogarh for commission of alleged offence punishable under sections 15(c) and 29 of NDPS Act.

5. It is submitted by the learned counsel for the Petitioner that the Petitioner has not been named in the F.I.R. He has further submitted that he has been implicated on the basis of co-accused statement. Referring to the judgment of the Hon'ble Supreme Court in Tofan Singh vs. State of Tamilnadu : reported in (2021) 4 SCC 1, learned // 2 //

counsel for the Petitioner submitted that such evidence cannot be used against the Petitioner.

6. Taking into consideration the nature of offence and non- availability of the case diary, I am not inclined to exercise any discretion under Section 438 Cr.P.C. in favour of the Petitioner.

6. However, it is observed that the Petitioner, if so advised, may surrender before the learned Sessions Judge-cum-Judge, Special Court, Deogarh in the aforesaid case within three weeks from today. In the event the Petitioner surrenders and moves for bail within the aforesaid period, learned Sessions Judge-cum-Judge, Special Court, Deogarh shall do well to dispose of the bail application of the Petitioner on the same day on merit in accordance with law taking into consideration the aforesaid judgment of the Hon'ble Supreme Court. The case diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner.

7. Accordingly, the ABLAPL stands disposed of.

8. Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra) Judge RKS

Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 04-Oct-2023 18:48:29