Santosh Barik vs State Of Odisha ..... Opposite Parties
2024 Latest Caselaw 10127 Ori

Orissa High Court

Santosh Barik vs State Of Odisha ..... Opposite Parties on 18 June, 2024

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                           ABLAPL No.5703 of 2024
            Santosh Barik              .....         Petitioner
                                                          Represented By Adv. -
                                                          Ajit Kumar Mohanty

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

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

                                           ORDER

18.06.2024 Order No.

1. 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 for the State. Perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 20(b)(ii)(C) read with Section 25 & 29 of the N.D.P.S.Act in Special G.R.Case No.38 of 2024 of the Court of the learned Sessions-cum-Special Judge, Sonepur arising out of Sonepur P.S.Case No.136 of 2024.

4. Learned counsel for the Petitoner submits that the principal accused has already been released on bail by this Court. 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.

5. However, it is observed that the Petitioner, if so advised, may surrender before the learned Sessions Judge-cum-Special Judge, Sonepur 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-Special Judge, Sonepur shall do well to dispose of the bail application of the Petitioner on the same day on merit in accordance with law. The case diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner. Learned Judge shall take into consideration the principle laid down in the judgment delivered by the Hon'ble Supreme Court of India in the case of Tofan Singh vrs. State of Tamilnadu : reported in (2021) 4 SCC 1. Learned Judge shall also maintain the principles of parity, if applicable.

6. Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

7. The ABLAPL is accordingly disposed of.

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

( A.K Mohapatra ) Judge RKS

Location: High Court of Orissa