Orissa High Court
Sadhu @ Sahadev vs State Of Orissa .... Opposite Party on 8 August, 2024
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.7391 of 2024
Sadhu @ Sahadev .... Petitioner
Khilla
Mr. D.K. Sahoo, Advocate
-versus-
State of Orissa .... Opposite Party
Mr. P.K. Mohanty, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
08.08.2024
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 Spl. G.R. Case No.76 of 2022 pending on the file
of learned Dist and Sessions Judge-cum- Special
Judge, Malkangiri, arising out of Mathili P.S. Case
No.100 of 2022for commission of offence alleged
under Sections-20(b)(ii)(C) of NDPS Act.
3. Learned counsel, on instruction, submits that
except the present BLAPL, no other bail application of
the Petitioner relating to the aforementioned P.S.
case is pending in any other Court.
4. Being aggrieved by the rejection of his
application for bail U/s.439 Cr.P.C. by the learned
Special Judge, Malkangiri by order dated 26.06.2024
in the aforementioned case, the present BLAPL has
been filed.
5. This is the second journey of the Petitioner to
this Court. Earlier the bail application of the Petitioner
was rejected by order dated 20.03.2023 in BLAPL
No.1299 of 2023.
6. It is submitted by the learned counsel that the
Petitioner is in custody since 10.05.2022 on the
allegation of possessing contraband (ganja) to the
tune of 1526 kgs 920 grams.
7. Learned counsel for the Petitioner submits that
he is the first offender and only four witnesses out of
16 cited have been examined, on the ground of
procrastination of trial, Petitioner seeks release.
8. It is submitted by the learned counsel that one
co-accused (Babini Hantal) has since been released
on bail by order dated 23.07.2024 by this Court in
BLAPL No.6899 of 2024. Hence the Petitioner seeks
release inter alia on the ground of parity 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-98 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."
9. Learned counsel for the State opposes the
prayer for bail in view of the bar contained in Section
37(1)(b)(ii) of the NDPS Act and submits that
considering the role ascribed to the Petitioner and
that four witnesses were examined who have
supported the prosecution, as borne out from the
order of rejection, the bail application of the Petitioner
is liable to be rejected, as the bar contained in
Section 37(1)(b)(ii) of the NDPS Act is squarely
attracted in the case at hand and he also relies on the
order of the Apex Court in the case of State by the
Inspector of Police vs. B. Ramu in SLP(Crl.)
No(s).8137 of 2022 dated 12.02.2024.
10. Considering that the Petitioner is in custody for
more than 2 years and is stated to be the first
offender and having his home and hearth within the
jurisdiction of the learned Court in seisin, release of
the co-accused and the snail's pace at which the trial
is progressing, this Court directs the Petitioner to be
released on bail on such terms to be fixed by the
learned Court in seisin.
11. Before releasing, learned Court in seisin is
requested to verify the criminal antecedent of the
Petitioner. If it comes to the fore that the Petitioner
has any criminal antecedent, this order shall not be
given effect to.
12. Additionally, it is directed that the Petitioner
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 the rules.
(V. NARASINGH)
Judge
Soumya
Signed by: SOUMYA RANJAN SAMAL
Location: High Court of Orissa
Date: 09-Aug-2024 18:33:28
