Sitaram Sadangi v. State of Odisha
Case at a glance
- Bench
- V NARASINGH
Provisions considered
Key paragraphs
- Para 1313. Soumya Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 09-Apr-2024 20:03:11
Judgment
Mr. H.K. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 08.04.2024
Heard the learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with Special Case No.62 of 2023(NDPS) pending on the file of learned Sessions Judge-Cum-Special Judge, Boudh, arising out of Boudh P.S. Case No.68 of 2023for commission of offence alleged under Sections- 20(b)(ii)(C)/29 of the NDPS Act.
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.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the Special Judge, Boudh by order dated
07.09.2023 in the aforementioned case, the present BLAPL has been filed.
The Petitioner was in custody in connection with Special Case No.105 of 2023 arising out of Kantamala P.S. Case No.67 of 2023, who was remanded in the case at hand on 13.07.2023 on the accusation that he involved transportation of contraband(ganja) to the tune of 100 kg 500 grams.
It is submitted by the learned counsel for the Petitioner that since the charge sheet has been filed on 25.07.2023 and as admittedly the accusation of the Petitioner was on account of the co-accused statement, hence his further continuance in custody is unwarranted and in this context he relies on the judgment of the Apex Court in the case of Tofan Singh vrs. State of Tamil Nadu, reported in (2020) 80 OCR (SC) 641 and the State of Haryana vrs. Samarth Kumar reported in 2022 Live Law (SC)622.
Learned counsel for the State opposes the prayer and submits that there are materials on record to indicate the Petitioner’s complicity.
It is further submitted by the learned counsel for the State that the Petitioner has criminal antecedents of similar nature in as much as he has been cited as an accused in Manmunda P.S. Case No.4 of 2023 under the Special Act and Kantamala P.S. Case No.18 of 2017.
On instruction, learned counsel for the Petitioner submits that the Petitioner has been released on bail in both the cases.
Taking into account that the nature of accusation is on account of co-accused statement, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Keeping in view the criminal proclivity, on being released, it is directed that Petitioner shall appear before the jurisdictional police station twice every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
Soumya Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 09-Apr-2024 20:03:11
Precedent status how later indexed judgments have treated this case
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