Orissa High Court
Md. Afsar @ Md. Apsar @ vs State Of Odisha .... Opposite Party on 15 February, 2024
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 9304 of 2023
MD. Afsar @ MD. Apsar @ .... Petitioner
Maggie
Mr. L. Mishra, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
15.02.2024 Order No.
08. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The petitioner is an accused in connection with Spl. G.R. Case No.43/20 of 2022, pending on the file of learned 2nd Additional Sessions Judge, Rourkela, arising out of Plant site P.S. Case No.355 of 2022, for alleged commission of offences under Sections 21(c)/25 of NDPS Act.
3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court.
4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Rourkela by order dated 21.07.2023 in the aforementioned case, the present BLAPL has been filed.
5. It is submitted by the learned counsel that the Petitioner is in custody since 10.09.2022 on the allegation that he along with the co-accused were found to be in possession of contraband to the tune of 252grams 440milligrams (Brown Sugar).
Page 1 of 36. It is the case of the Prosecution that the Petitioner was present in the vehicle from which the contraband was seized.
7. Learned counsel for the Petitioner referring to the release of the co-accused Rinku @ Md. Tabrej by this Court by order dated 17.01.2024 in BLAPL No.12212 of 2023, seeks release inter alia on the ground of parity.
8. It is apt to state here that this is the third journey of the Petitioner to this Court. The Petitioner was before this Court in BLAPL No.12038 of 2022 which was not entertained by order dated 19.01.2023 since the same was during the currency of investigation, but the same has not been reflected in the certificate provided.
9. The second journey of the Petitioner to this Court was in BLAPL No.3433 of 2023 which was disposed of by order dated 17.07.2023 giving him liberty to withdraw the bail application.
10. This Court does not appreciate the non-mentioning of the second bail application which was since been disposed of as noted above.
11. Considering the nature of allegations and that the trial has already commenced and keeping in view eight criminal antecedents of the Petitioner which has been referred to by the learned counsel for the State, this Court is not inclined to entertain the bail application keeping in view the submission of the learned counsel for the State that the twin bar as envisaged under Section 37(1)(b)(ii) of NDPS Act is squarely attracted in the case at hand.
12. The release of the co-accused whose implication was on account of the co-accused statement is of no assistance to the cause of the Petitioner.
Page 2 of 313. Learned Court in seisin is requested to conclude the trial at an early date.
14. Accordingly, the BLAPL stands disposed of.
(V. NARASINGH)
Ayesha Judge
Signature Not Verified
Digitally Signed
Signed by: AYESHA ROUT
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 16-Feb-2024 12:13:16
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