Sarbeswar Jani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.575 of 2022 Sarbeswar Jani ....

Petitioner Mr.J.K. Panda, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

02.02.2022 01.

This matter is taken up through video conferencing. Heard the learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Baunsuni P.S. Case No. 124 of 2021 corresponding to C.T. Case No. 348 of 2021 pending in the Court of learned Sessions Judge -cum- Special Judge, Boudh for the commission of the alleged offences punishable under sections 20(b)(ii)(C) and 29 of the N.D.P.S. Act.

Perused the first information report annexed to the anticipatory bail application.

Learned counsel for the petitioner submitted that there is no seizure of contraband articles from the possession of the petitioner and he has been falsely entangled in the case based on the confessional statement of the co-accused before

// 2 // the police and therefore, the anticipatory bail application may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail and submitted that it is a case of seizure of commercial quantity of ganja.

Considering the submissions made by the learned counsel for the respective parties and the nature of accusation, while not inclining to grant anticipatory bail to the petitioner, it is ordered that in the event the petitioner surrenders and moves for bail in the Court below within a period of four weeks from today, the same shall be disposed of by the learned Court below in accordance with law expeditiously. The case records shall be made available to the Court concerned for disposal of the bail application. The ABLAPL stands disposed of.

Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide office order dated 7th January 2022.

( S.K. Sahoo) Judge PKSahoo