Ashok Sahoo v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 281 of 2018 Ashok Sahoo ....

Petitioner (in person) -VersusState of Odisha and others ....

Opposite Parties Mr. Tapas Praharaj, SC for State

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

12.10.2022 I.A. No.2255 OF 2022 Order No.

08.

1.

Heard Mr.Ashok Sahoo, petitioner in person and Mr. T.K. Praharaj, learned Standing Counsel for the State. 2.

Instant I.A. is filed for modification of order of this Court dated 4th April, 2022 in CRLMC No.281 of 2018 which has been disposed of with a direction to the petitioner to surrender before the court below within a period of eight weeks and move for bail, which shall be considered as per and in accordance with law. The modification is with regard to extension of time to surrender and for a direction to release the petitioner on bail subject to condition. A copy of the FIR is filed which as at Annexure-2. 3.

Petitioner submits that he has been falsely implicated in the case by the local police consequent upon which Banigochha P.S. Case No.71 of 2016 has been registered for an offence under Section 20(b)(ii)C of NDPS Act with an allegation that there has been recovery of commercial quantity of contraband ganja. Considering

the above facts, this Court had directed the petitioner to surrender before the learned court below within a period of eight weeks by its order dated 4th April, 2022.

4.

At present, the petitioner submits that he will surrender before the learned court below but there should be a direction for release on bail considering the fact that he is a journalist by profession which is objected to by Mr. T.K. Praharaj, learned Standing Counsel for the State .

5.

Considering the above facts and submissions of petitioner, the Court is of the opinion that the period of surrender should be extended for another four weeks from today. That apart, in the peculiar facts of the case, the order dated 4th April, 2022 passed in CRLMC No.281 of 2018 should also be modified with a direction for release on bail of the petitioner.

6.

Thus, this Court disposes of the I.A. with a direction to the petitioner to surrender before the learned Special Judge, Nayagarh in T.R. No.34 of 2017, arising out of Spl. G.R. No.106 of 2016 corresponding to Banigochha P.S. Case No.71 of 2016 within a period of four weeks from today and in case he applied for bail, the same shall be considered and he shall be released on bail subject to terms and conditions as would be deemed just and proper by the court below.

7.

Issue urgent certified copy as per rules.

(R.K. Pattanaik) Judge U.K.Sahoo