Suma Mandal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2370 of 2022

1. Suma Mandal

2. Kandha Sabar

3. Brundaban Gamango

4. Junesh Gamango @ Badaraita

5. Suna Mandal

6. Nibas Gamango

7. Burutuda Gamango @ Burtudu

8. Abina Gamango ....

Petitioners Mr. P.K. Nanda, Advocate -versusState of Odisha ....

Opp. Party Mr. J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

23.03.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard the learned counsel for the petitioners and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Mohana P.S. Case No. 218 of 2020 corresponding to G.R. Case No.95 of 2020 pending in

// 2 // the Court of learned Sessions Judge, Gajapati, Paralakhemundi for the commission of the alleged offences punishable under section 20(a)(i) of the N.D.P.S. Act .

Learned counsel for the petitioners submitted that the cultivation of the cannabis plants were in the Government land and there is no clinching material that the petitioners have got any role in such cultivation and therefore, the anticipatory bail application of the petitioners may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners, while not inclining to grant anticipatory bail to the petitioners, it is observed that in the event the petitioners surrender and move 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. The case records shall be made available to the Court concerned for disposal of the bail application.

The ABLAPL stands disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge

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