Ghenua Matam vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 1126 Ori

Orissa High Court

Ghenua Matam vs State Of Odisha .... Opposite Party on 11 July, 2025

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                            ABLAPL No. 7782 of 2025

             Ghenua Matam                   ....             Petitioner
                                           Mr. S.K. Sahu, Advocate

                                       -versus-

             State of Odisha                ....       Opposite Party

                                               Mr. S. Panigrahi, ASC

                        CORAM: JUSTICE V. NARASINGH

                                   ORDER

11.07.2025 Order No.

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. Learned counsel for the Petitioner submits that inadvertently in the brief one of the offences i.e. "Section 29 of the NDPS Act" has not been mentioned. Memo to the said effect is taken on record.

3. The Petitioner is seeking pre-arrest bail in connection with T.R. Case No.86 of 2023 pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Koraput arising out of Machhakund P.S. Case No.98 of 2023 for commission of offences punishable under Sections 20(b)(ii)C/29 of NDPS Act.

4. It is submitted by the learned counsel that the Petitioner was before this Court in ABLAPL No.9114 of 2023 and by order dated 18.09.2023 leave was granted to him to move the learned Court in seisin and seek bail, taking into account his complicity which is allegedly on the basis of co-accused statement and referring to the judgment of the Apex Court in the case of Tofan Singh vrs. State of Tamil Nadu, reported in (2021) 4 SCC 1.

5. It is submitted that because of supervening circumstances, that order could not be availed up. Hence, this application.

6. Learned counsel for the State opposes the prayer.

7. Taking into account the nature of allegations, this Court is not inclined to entertain the application for pre-arrest bail. However, in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit, taking into account the judgment of the Apex Court in the case of Tofan Singh (supra) as referred to herein above and also the release of the co-accused, who have been taken into custody, by order dated 10.09.2024 in BLAPL No.12483 of 2023 and other connected matters.

8. Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH) Judge Santoshi

Location: High Court of Orissa, Cuttack