Jagannath Mallik @ Jaganath vs State Of Odisha ..... Opposite Party
2024 Latest Caselaw 13053 Ori

Orissa High Court

Jagannath Mallik @ Jaganath vs State Of Odisha ..... Opposite Party on 12 August, 2024

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                ABLAPL No.5439 of 2024
            Jagannath Mallik @ Jaganath       .....    Petitioner
            Malik
                                                                 Represented By Adv. -
                                                                 Mr. Subhendu Kar

                                                 -versus-
            State Of Odisha                              .....          Opposite Party
                                                                 Represented By Adv. -

                                                                 Mr. M.K. Mohanty,
                                                                 A.S.C.

                                 CORAM:
            THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                                   ORDER

12.08.2024 Order No.

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

2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State.

3. This is an application under Section 438, Cr.P.C. filed by the Petitioner for pre-arrest bail.

4. The Petitioner is seeking pre-arrest bail in connection with Special G.R. Case No.53 of 2024, arising out of Satyabadi P.S. Case No.70 of 2024, pending in the court of learned Sessions Judge, Puri, for alleged commission of offences punishable under Sections 21(b)/29 of the N.D.P.S. Act, 1985.

5. It is stated by the learned counsel for the Petitioner that the Petitioner has been implicated in the present case on the basis of co- accused statement. He further contended that a total quantity of 20

Grams of brown sugar was recovered from the possession of the co- accused, namely, Sudam Gagarai. Referring to the judgment of Hon'ble the Supreme Court in the case of Tofan Singh v. The State of Tamil Nadu, reported in (2013) 16 SCC 31, learned counsel for the Petitioner submitted that such statement of the co-accused cannot be used against the present Petitioner. He further contended that the Petitioner does not have any similar criminal antecedent and that he belongs to the locality.

6. Considering such submission, this Court directs that in the event the Petitioner surrenders before the Court in seisin over the matter within a period of four weeks from today and moves an application for bail, the Court in seisin over the matter shall consider and dispose of the bail application of the Petitioner in accordance with law on the same day. While considering the bail application of the Petitioner, the Court in seisin over the matter shall also keep in view the law laid down by the Hon'ble Supreme Court in Tofan Singh v. The State of Tamil Nadu, reported in (2013) 16 SCC 31; and order dated 10.01.2022 in the matter of State by (NCB) Bengaluru Vs. Pallulabid Ahmad Arimuta and another (Special Leave to Appeal (Criminal) No.242 of 2022) and pass necessary order.

7. The Case Diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner.

8. Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( Aditya Kumar Mohapatra)

Judge

Debasis Reason: Authentication Location: ORISSA HIGH COURT Date: 14-Aug-2024 10:10:08