Kailash Swain @ Ashok Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1677 of 2022 Kailash Swain @ Ashok Swain ....

Petitioner Mr.P.K. Mundu, Advocate -versusState of Odisha ....

Opp. Party Mr. Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

28.02.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). 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 Nuagaon P.S. Case No. 140 of 2021 corresponding to C.T. Case No.220 of 2021 pending in the Court of learned Special Judge, Jagatsinghpur for the commission of the alleged offences punishable under sections 21(b) and 29(1) of the N.D.P.S. Act. Considering the fact that it is a case under N.D.P.S. Act and the petitioner has been named as an accused in the F.I.R., while not inclining to grant

// 2 // anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders and moves for bail before the Court below within a period of four weeks from today, the learned Court below shall dispose of the same expeditiously in accordance with law and the claim of parity with the co-accused stated to have been released on bail shall be taken into account. The case records shall be made available to the Court concerned for disposal of the bail application. The ABLAPL stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo