Mithun Suna vs State Of Odisha ..... Opposite Parties
2024 Latest Caselaw 10381 Ori

Orissa High Court

Mithun Suna vs State Of Odisha ..... Opposite Parties on 24 June, 2024

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                           ABLAPL No.6173 of 2024
            Mithun Suna                .....         Petitioner
                                                           Represented By Adv. -
                                                           Suryakanta Dwibedi

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

                                                       Mr.M.K.Mohanty, ASC

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

                                         ORDER

24.06.2024

Order No.

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

2. The Petitioner is seeking pre-arrest bail in connection with G.R.Case No.08 of 2024, arising out of Lathore P.S.Case No.59 of 2024 pending in the Court of the learned Additional Sessions Judge- cum-Special Judge, Patnagarh for commission of alleged offence punishable under section 20(b)(ii)(C) of the NDPS Act.

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

4. However, it is observed that the Petitioner, if so advised, may surrender before the learned court in seisin over the matter in the

aforesaid case within three weeks from today. In the event the Petitioner surrenders and motions for bail within the aforesaid period, learned court in seisin over the matter shall do well to dispose of the bail application of the Petitioner on the same day on merit in accordance with law keeping in view 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. The case diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner.

5. With the aforesaid observation, the Interlocutory Application is disposed of.

6. Issue urgent certified copy of the order as per Rules.

( A.K. Mohapatra) Judge

RKS

Location: High Court of Orissa, Cuttack