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Orissa High Court

Ghana Nag @ Cartoon vs State Of Odisha .... Opposite Party on 24 March, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   BLAPL No.1314 of 2025
            Ghana Nag @ Cartoon                         ....              Petitioner
                                                          Mr. S. Sahoo, Advocate
                                          -Versus-

            State of Odisha                             ....         Opposite Party
                                                             Mrs. U.R. Padhi, ASC


                       CORAM:
                       MR. JUSTICE R.K. PATTANAIK

                                          ORDER

24.03.2025 Order No.

01. 1. Heard learned counsel for the petitioner and State.

2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with Special G.R. Case No.58 of 2023 corresponding to Malkangiri P.S. Case No.86 of 2023 pending in the file of learned Sessions Judge-cum-Special Judge, Malkangiri on the grounds stated therein.

3. Perused the F.I.R. as at Annexure-1 and the rejection order i.e. Annexure-7 respectively. A copy of the order in BLAPL No. 4439 of 2023 is produced by learned counsel for the petitioner in respect of the co-accused, namely, Surendra Hial. It is submitted that the alleged recovery and seizure has been made from the petitioner and admittedly, in respect of a commercial quantity. With the claim that the petitioner is having no other similar antecedent and he is in custody from 20th February, 2023, the submission is that he should be allowed to go on bail. Mrs. Padhi, learned ASC for the State, however, opposed such release since the seizure is with regard to the commercial quantity of contraband Ganja i.e. 36 Kgs. 400 Grams.

4. From the Court's order in BLAPL No.4439 of 2023 of 2023, it is made to understand that the co-accused, namely, Surendra Hial has been granted bail, since he was implicated on the basis of confessional statement of the petitioner. Though, such seizure has been made from the petitioner and the same relates to commercial quantity of contraband Ganja but recording the submission is that he has no other similar antecedent and in the meantime, upon closure of investigation, the chargesheet is filed, the Court is inclined to direct release of the petitioner, since there is remote possibility of immediate commencement and closure of trial in near future. Accordingly, it is ordered.

5. In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with Special G.R. Case No.58 of 2023 arising out of Malkangiri P.S. Case No.86 of 2023 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties for the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Malkangiri, who shall impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall attend the P.S. and report the I.O. once in a fortnight for the purpose of investigation and to continue to do so, till the same is over. The Court further directs that such release of the petitioner shall be upon verification and absence of any other similar antecedent against him.

6. The BLAPL is disposed of.

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

Digitally Signed                                                      (R.K. Pattanaik)
Signed by: BALARAM BEHERA
Reason: Authentication                                                     Judge
Location: OHC, CUTTACK
Date: 25-Mar-2025 11:01:25
       Balaram


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