Orissa High Court
Sapan Mandal vs State Of Odisha .... Opposite Party on 18 October, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11593 of 2023
Sapan Mandal .... Petitioner
Mr. A. Mohanty, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. K.K. Gaya, ASC
BLAPL No.11603 of 2023
Biswajit Bepari .... Petitioner
Mr. A. Mohanty, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. K.K. Gaya, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
18.10.2023 Order No.
01. 1. Since both the matters arise out of Malkangiri P.S. Case No.181 of 2023, they are heard together and disposed of by this common order on the consent of the parties.
2. Heard learned counsel for the Petitioners and learned counsel for the State.
3. The Petitioners are accused in connection with Special G.R. Case No.95 of 2023, pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Malkangiri P.S. Case No.181 of 2023 for alleged commission of offence under Section 20(b)(ii)(C)/25/29 of the N.D.P.S Act.
Page 1 of 34. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Malkangiri by order dated 28.09.2023 in the aforementioned cases, the present bail applications have been filed.
5. It is submitted by the learned counsel that the Petitioners are in custody since 2.4.2023 on the accusation of possessing contraband (ganja) to the tune of 40 Kg.
6. It is further submitted that the charge sheet in the case at hand has been filed on 22.09.2023.
7. On instruction, learned counsel for the Petitioners submits that the Petitioners are the first offenders and since they are residing within the jurisdiction of the learned Court in seisin, there is no chance of fleeing from justice. Hence, liberal view may be taken.
8. Learned counsel for the State opposes the prayer for bail and submits that there are no mitigating circumstances and in view of the bar contained in Section 37(1) of the N.D.P.S Act, the Petitioners should not be released on bail.
9. Taking into account the quantity of the contraband seized and the Petitioners being the first offenders and the prosecution has cited 10 witnesses to be examined. Being cognizant of the fact that trial is likely to linger for considerable time and keeping in view the decision of the Apex Court in the case of Rabi Prakash vs. The State of Odisha, 2023 Live Law (SC) 533 (Special Leave to Appeal (Crl.) No(s).4169/2023 disposed of on 13.07.2023), this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.
10. Before releasing, learned Court in seisin is requested to verify as to whether the Petitioners have any criminal antecedent. If Page 2 of 3 it comes to fore that the Petitioners have any criminal antecedent, this order shall stand recalled.
11. Accordingly, the bail applications stand disposed of.
12. Urgent certified copy of this order be granted as per rule.
(V. NARASINGH) Judge PKS Signature Not Verified Digitally Signed Signed by: PRADEEP KUMAR SWAIN Designation: A.R.-cum-Sr. Secy.
Reason: Authentication Location: Orissa High Court, Cuttack Date: 19-Oct-2023 19:19:39 Page 3 of 3