Md. Afsar @ Md. Asraf @ vs State Of Odisha ... Opposite Party on 18 June, 2024

[Cites 7, Cited by 0]

Orissa High Court

Md. Afsar @ Md. Asraf @ vs State Of Odisha ... Opposite Party on 18 June, 2024

01. 1. The memo of the Petitioner indicating that inadvertently the G.R. case has been wrongly mentioned in the brief is taken on record. The G.R. Case be treated as Special G.R. Case No.113 of 2022 and the Court in seisin be read as District Judge-cum-Special Judge, Sundargarh.

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

3. The Petitioner is an accused in connection with Special G.R. Case No.113 of 2022, pending in the Court of the learned District Judge-cum-Special Judge, Sundargarh, arising out of Sundargarh Town P.S. Case No.224 of 2022, for alleged commission of offences under Sections 21(b)/25/29/27(a) of the N.D.P.S. Act.

4. 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.

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5. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Gunupur, by order dated 02.01.2024 in the aforementioned cases, the present BLAPL has been filed.

6. The allegation against the Petitioner is that he was found to be involved in the transportation of contraband to the tune of 39gm. 500 mg. (brown sugar).

7. It is submitted by the learned counsel that charge sheet has been filed on 07.08.2022 citing the Petitioner as an absconder and he was remanded to custody on 19.10.2023.

8. It is submitted with vehemence by the learned counsel for the Petitioner that even if the entire prosecution case is accepted at its face value, the basis of accusation is on account of the co- accused statement.

9. Learned counsel for the Petitioner further submits that the Petitioner was arrayed as an accused in G.R. Case No.143 of 2022 arising out of Sundargarh Town P.S. Case No.289 of 2022 on the file of learned Special Judge, Sundargarh for allegedly possessing 8 gm. 150 mg. brown sugar and was released by this Court by order dated 05.04.2024 in BLAPL No.2927 of 2024 and has been remanded in the case at hand.

10. Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of NDPS Act and relying on the order of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024 submits that since charge sheet has already been filed prima facie case is well made out. Hence, the Petitioner is not entitled to be released on bail.

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11. Taking into account the nature of allegation and the basis of implication, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.

12. Before releasing, learned Court in seisin is requested to verify criminal antecedent of the Petitioner apart from the case at hand and Sundargarh Town P.S. Case No.289 of 2022 referred to hereinabove. If it comes to the fore that the Petitioner has any other antecedent of similar nature apart from the case at hand and Sundargarh Town P.S. Case No.289 of 2022, this order shall not be given effect to.

13. Accordingly, the BLAPL stands disposed of.

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



                                                                                  (V. NARASINGH)
                     Ayesha                                                            Judge




Signature Not Verified
Digitally Signed
Signed by: AYESHA ROUT
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 20-Jun-2024 10:46:55




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