Laxminarayan Paikaray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4239 OF 2022 Laxminarayan Paikray .........

Petitioner Mr. J.Sahoo, Adv.

-versusState of Odisha .........

Opposite Party Mr. S.K.Nayak, AGA

CORAM:

JUSTICE V. NARASINGH

ORDER

12.08.2022 Order No.

O2.

1.

This matter is taken up through Hybrid Mode.

2.

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

3.

The petitioner is an accused in connection with Aska P.S. Case No. 350 of 2021 corresponding to G.R. Case No. 11 of 2021, pending on the file of the learned Addl. Sessions Judge-cumSpecial Judge, Aska, for commission of the alleged offence under Sections 20(b)(ii)C/29 of the N.D.P.S. Act.

4.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned Addl. Sessions Judge-cumSpecial Judge, Aska by order dated 05.05.2022, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submits that in view of release of the co-accused persons, namely, Gopal Suansia by order

of this Court dated 22.06.2022 in BLAPL No. 8654 of 2021 and one Suraj Patra by order dated 11.05.2022 in BLAPL No. 8545 of 2021, the petitioner is entitled to be released on bail inter alia on the ground of parity.

6.

Learned counsel for the State on instruction submits that the petitioner is a convict under Section 302 of the I.P.C. and was prematurely released from the custody and he has ten other criminal antecedents.

7.

Taking into account such criminal proclivity, this Court is not inclined to entertain this bail application at this stage. 8.

Accordingly, the BLAPL stands rejected.

9.

The communication received by the learned counsel for the State referred to hereinabove be kept on record. ( V.Narasingh ) Judge Dhal