Kamal Lochan Kope v. State of Odisha

Petitioner Mr. A.K. Jena, Adv. Opp. Party Mr. S.K. Mishra, A.S.C. CORAM: JUSTICE SAVITRI RATHO Order No. 01. ORDER 09.10.2023 (Through hybrid mode)

Heard Mr. A.K. Jena, learned counsel for the petitioner and Mr. S.K. Mishra, learned Addl. Standing Counsel for the State.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Malkangiri P.S. Case No.488 of 2023 corresponding to Special G.R. Case No. 187 of 2023 pending in the Court of the learned Sessions Judge -cum- Special Judge, Malkangiri registered for commission of offence punishable under Sections 20(b)(ii)(C)/25/29 of the NDPS Act.

The petitioners had moved an application for bail before the Court of learned Sessions Judge -cum- Special Judge, Malkangiri which was rejected on 12.09.2023.

Mr. A.K. Jena, learned counsel for the petitioner submits that the allegation against the petitioner is that the police found 150 kgs. of ganja near a Mohua tree, the petitioner and two others accused persons who were standing at the spot, having arrested on suspicion.

Considering the fact that the investigation is in progress. I am not inclined to release the petitioner on bail at this stage.

Hence the prayer for bail is disposed of granting liberty to move the learned trial Court for bail afresh after completion of the investigation.

Urgent certified copy of this order be granted on proper application. Sukanta (Savitri Ratho) Judge Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 16-Oct-2023 15:31:34