Orissa High Court
Rita Bira vs State Of Odisha .... Opposite Party on 18 August, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4448 of 2023
Rita Bira .... Petitioner
Mr. T.K. Mishra, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. T.K. Praharaj, SC
CORAM: JUSTICE V. NARASINGH
ORDER
18.08.2023 Order No.
03. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is an accused in T.R Case No.20 of 2023 pending in the Court of learned Sessions Judge-cum-Special Judge, Gunupur, arising out of Gunupur P.S. Case No.09 of 2023 for commission of the offence under Sections 20(b)(ii)(C)/25/29 of the N.D.P.S Act.
3. Being aggrieved by the rejection of her application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Juge-cum-Special Judge, Gunupur, by order dated 20.03.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the Petitioner and co-accused are in custody since 20.01.2023 on the accusation of possessing contraband (ganja) to the tune of 32 Kg 200gms.
5. It is stated by the learned counsel that in the meanwhile charge sheet has been filed on 18.07.2023.
6. Learned counsel for the petitioner relies on the order dated 19.07.2023 in respect of the co-accused passed by this Court in Page 1 of 2 BLAPL No.5479 of 2023 and seeks release inter alia on the ground of parity.
7. It is further submitted by the learned counsel that the Petitioner like the co-accused so released has a girl child of 8 years.
8. Learned counsel for the State, in view of the bar contained in Section 37 of the N.D.P.S Act and there being no mitigating circumstances, opposes the prayer for bail of the Petitioner.
9. Taking into account that the Petitioner is a lady, bleak chance of early trial and welfare of the child, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.
10. Before releasing the petitioner on bail, learned Court in seisin shall verify criminal antecedent of similar nature. If it comes to fore that the Petitioner has any such criminal antecedent, this order shall stand recalled.
11. The BLAPL thus stands disposed of.
12. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH) Judge Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa Date: 19-Aug-2023 15:26:30 Page 2 of 2