[Cites 2, Cited by 0]
Orissa High Court
Mr. S.K. Dash vs State Of Odisha ... Opposite Party on 19 March, 2026
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
Saharukhan Palo @ Sharukh Pal
(In BLAPL No.1328 of 2026)
Kalapani Lima
(In BLAPL No.1464 of 2026) ... Petitioners
Mr. S.K. Dash, Advocate
(in both BLAPLs)
-versus-
State of Odisha ... Opposite Party
Mr. S.C. Pradhan, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No. ORDER(ORAL)19.03.2026
01. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. Since these two bail applications arise out of one
and same case record, the same are heard together and
disposed of by this common order with the consent of the
learned counsel for the parties.
3. These are the 2nd bail application U/S.483 of
BNSS by the petitioners for grant of bail in connection
with TR Case No.69 (B) of 2024 & TR Case No.69 (A) of
2024, both arising out of Padmapur PS Case No.50 of
2024 and pending now in the file of learned Additional
Sessions Judge-Cum-Special Judge, Gunupur, for
commission of offences punishable U/Ss.20(b)(ii)(C)/ 29
of NDPS Act, on the allegation of possessing 416Kgs of
Contraband Ganja, along with co-accused persons.
3. At the outset, Mr. Soubhagya Kumar Dash,
learned counsel for the petitioners apprises this Court
that these are the 2nd bail application of the petitioners,
but no bail application of the petitioners is pending before
any other forum except this one. Heard, Mr. Soubhagya
Kumar Dash, learned counsel for the petitioner in both
the BLAPLs and Mr. S.C. Pradhan, learned Additional
Public Prosecutor in these matters and perused the
record.
4. It is not in dispute that the petitioners were
neither apprehended from the spot nor were found in
conscious possession of Contraband article, but their
implication in this case is on the basis of identification by
two witnesses, who having been examined in the trial as
PWs.2 & 4 in BLAPL No.1328 of 2026 and PWs.1 & 3 in
BLAPL No.1464 of 2026, have failed to identify the
petitioners and deposed to have know nothing about the
case. In the circumstance, especially when the State has
not reported any criminal antecedent against the
petitioners and taking into account grant of bail to co-
accused Santosh Palka in BLAPL No.6800 of 2025, this
Court considers that the petitioners have satisfied the
conditions of Section 37 of NDPS Act.
5. For the reason stated hereinabove and regard
being had to the pre trial detention of the petitioners in
custody since 14.11.2025/03.08.2025, this Court without
expressing any view on merits admits each of the
petitioners to bail.
6. Hence, the bail applications of the petitioners
namely Saharukhan Palo @ Sharukh Pal in BLAPL
No.1328 of 2026 & Kalapani Lima in BLAPL No.1464 of
2026 stand allowed and the petitioners are allowed to go
on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees
One Lakh) only with two solvent sureties for the like
amount to the satisfaction of the learned Court in seisin
of the case on such terms and conditions as deem fit and
proper by it with following conditions:-
(i) the petitioners shall not commit any
offence while on bail,
(ii) the petitioners in the course of trial
shall attend the trial Court on each date of
posting without fail unless his attendance
is dispensed with. In case the
Petitioners fail without sufficient
cause to appear in the Court in
accordance with the terms of the bail,
the learned trial Court may proceed
against the Petitioners for offence
U/S.269 of BNS, 2023 in accordance
with law,
(iii) the petitioners shall not leave the
territorial jurisdiction of the trial Court
without prior permission till disposal of the
case by intimating their present address
of stay to the concerned Court,
(iv) the petitioners shall report attendance
before the Jurisdictional Police Station
once in a fortnight preferably on a Sunday
in each month in between 10 A.M. to 12
Noon for six(6) months from the actual
date of his release from the custody or till
disposal of the case whichever is earlier.
The I.I.C. of Jurisdictional Police Station shall not
detain the petitioners unnecessarily after recording his
attendance beyond the time as stipulated.
It is clarified that the Court in seisin of the case
will be at liberty to cancel the bail of the petitioner
without further reference to this Court, if any of the
above conditions are violated or a case for cancellation of
bail is otherwise made out. In the wake of aforesaid, the
subsequent involvement of the petitioners in future any
offence under NDPS Act on prima facie accusations may
be treated as a ground for cancellation of bail in this case.
7. Accordingly, the BLAPLs stand disposed of.
8. Issue urgent certified copy of the order as per
Rules. A soft copy of this order be immediately
communicated to the concerned Court, who shall
afterwards communicate the same to the concerned Jail
through e-mail for reference.
(G. Satapathy)
Judge
Jayakrushna
