Puja Chhari v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2718 OF 2021 Puja Chhari .........

Petitioner Mr. D.R. Bhokta, Advocate -versusState of Odisha ............

Opposite Party Mr. K.K. Gayak, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

24.06.2022 Order No.

05.

1.

This matter is taken up through Hybrid Mode.

2.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned District & Sessions Judgecum-Special Judge, Koraput-Jeypore by Order dtd. 22.03.2021 in T.R. No.12 of 2021, the present BLAPL has been filed. 3.

The petitioner is an accused in connection with T.R. Case No. 12 of 2021 corresponding Jeypore Sadar P.S. Case No. 23 of 2021, pending on the file of the learned Sessions Judge-cumSpecial Judge, Koraput-Jeypore for the alleged commission of offence under Sections-20(b)(ii)(C) of the NDPS Act. 4.

Heard learned Counsel for the petitioner and learned Counsel for the State.

5.

Learned counsel for the petitioner relying on the order passed by this Court dtd. 27.04.2022 in respect of the co-accused seeks release inter alia on the ground of parity. 6.

It is submitted that the petitioner is a lady and is terminally ill in as much as she is suffering from Cancer. 7.

Taking into account, the submissions relating to the health condition of the petitioner which is on record at Annexure2 and release of the co-accused and non-commencement of trial, this Court directs the petitioner shall be released on bail. The learned Court in seisin over the matter to fix the terms. 8.

The BLAPL thus stands disposed of.

9.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Balaram Judge