Orissa High Court
Rajmohan Gamango vs State Of Odisha .... Opposite Party on 9 January, 2024
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 12305 of 2023
Rajmohan Gamango .... Petitioner
Mr. D. Panda, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. K.K. Gaya, A.S.C
CORAM: JUSTICE V. NARASINGH
ORDER
09.01.2024
Order No.
04. 1. Heard learned counsel for the Petitioner and learned
counsel for the State.
2. The Petitioner is an accused in connection with G.R. Case
No.130 of 2021, pending before the Court of the learned Special
Judge, Gajapati at paralakhemundi, arising out of Mohana P.S.
Case No.238 of 2021, for alleged commission of offences under
Sections-20(b)(ii)(C)/25/29 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 Sessions Judge-Cum-Special Judge,
Gajapati by order dated 01.08.2023 in the aforementioned case, the
present BLAPL has been filed.
5. It is submitted by the learned counsel that Petitioner is in
custody since 03.12.2021 on the accusation of possessing
contraband (ganja) to the tune of 114 kg 700 gram which was
recovered from Skoda car, driven by the Petitioner.
6. Learned counsel for the petitioner relies on the order dated
11.10.2023 passed by this Court in respect of the co-accused,
namely, Rashmi Ranjan Sahu @ Sonu in BLAPL No.9036 of 2023
and seeks release inter alia on the ground of parity.
7. Learned counsel for the State opposes the prayer for bail in
view of twin bar contained in Section-37(1)(b)(ii) of the NDPS Act.
8. It is apt to note here that the bail application of the present
Petitioner was rejected by order dated 06.3.2023 by a Co-ordinate
Bench of this Court in BLAPL No.7046 of 2022. This matter has
been listed before this Court in terms of the direction of the Apex
Court in the case of Pradhani Jani Vs. State of Odisha dated
15.05.2023 in Criminal Appeal No. 1503 of 2023, arising out of
SLP (Crl.) No. 3241/2023.
9. To fortify the submission, learned counsel for the
Petitioner further relies on the judgment of the Apex Court in the
case of Boota Singh & Others v. State of Haryana reported in
(2021) 82 OCR (SC)-667.
10. It is trite that judgments are not to be read as Euclid's
Theorem. In the case at hand on a conspectus of the materials on
record, this Court is not persuaded to hold that the said judgment
has any application, at this stage.
11. On the basis of the materials on record, this Court is not
persuaded to hold that Present Petitioner is similarly placed with the
said co-accused, who has since been released on bail and that there
is no prima facie case against the Petitioner as vehemently urged.
12. Considering the submission that the trial is not progressing,
a report was called for from the learned Court in seisin. In the report
dated 08.01.2024, learned Court in seisin has sought 6 months time
for conclusion of trial.
13. Taking into account that the Petitioner is in custody since
03.12.2021, learned Court in seisin is called upon to conclude the
trial within a period of 4 months hence. Registry is requested to
communicate this order.
14. Accordingly, the BLAPL stands disposed of.
.
(V. NARASINGH)
Soumya Judge
Signed by: SOUMYA RANJAN SAMAL
Location: High Court of Orissa
Date: 10-Jan-2024 09:53:49
