Shyameswar Digal vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 3769 Ori

Orissa High Court

Shyameswar Digal vs State Of Odisha .... Opposite Party on 7 February, 2025

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                          ABLAPL No. 1067 of 2025

             Shyameswar Digal            ....           Petitioner
                                       Mr. A. Tripathy, Advocate
                                   -versus-

             State of Odisha             ....      Opposite Party
                                               Mr. R.B. Dash, ASC

                        ABLAPL No. 1069 of 2025

             Tapeswar Digal                         Petitioners
                                     Mr. A. Tripathy, Advocate
                                  -versus-

             State of Odisha            ....      Opposite Party
                                              Mr. R.B. Dash, ASC

                         CORAM: JUSTICE V. NARASINGH
                                   ORDER

07.02.2025 Order No.

02. 1. Since both the ABLAPLs relate to the same P.S. (Gochhapada P.S. Case No. 35 of 2020) they are heard together on the consent of the parties.

2. Heard learned counsel for the Petitioners and learned counsel for the State.

3. The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.35 of 2020 pending on the file of learned District and Sessions Judge-cum- Special Judge, Kandhamal, arising out of Gochhapada

P.S. Case No. 35 of 2020 for commission of offences punishable under Section 20(b)(ii)(c) of NDPS Act.

4. It is submitted by the learned for the Petitioners that the basis of implication of the Petitioners is on account of the statement of the co- accused Binja Kanhar & Badga Digal who have nabbed at the spot and who have since been acquitted by the judgment dated 13.05.2024 by the learned Trial Court in Crl. Trial No.35 of 2020 arising out of Gochhapada P.S. Case No. 35 of 2020.

5. Copy of the judgment is served on the learned counsel for the State in Court who opposes the prayer for interim protection in view of the bar contained in Section 37(1)(b)(ii) of NDPS Act and inter alia on the ground that the Petitioners are absconders and that the evidence adduced qua the persons who faced trial cannot ennure to the benefit of the Petitioners.

6. It is stated by the learned counsel, on instruction that the Petitioners are the first offenders. Hence, they seek protection of pre-arrest bail.

7. Taking into account the nature of allegations, list these matters on 20.03.2025. Learned counsel for the State is requested to obtain the Case Diary in the meanwhile.

8. Learned counsel for the State shall also specifically address this Court regarding the complicity of the Petitioners on the next date.

9. As an interim measure, it is directed that the Petitioners shall not be taken into custody in connection with the aforesaid case, till the next date.

10. It is needless to say that the Petitioners shall cooperate with the Investigating Agency.

11. Urgent certified copy of this order be granted as per rules.

(V. NARASINGH) Judge

Ayesha

Location: High Court of Orissa, Cuttack