Prasant Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No. 445 of 2022 Prasant Sahu ...

Appellant Mr. J. Sahoo, Advocate.

-Versus - State of Odisha ....

Respondent Mr. P. Tripathy, Addl. Standing Counsel.

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

15.11.2022 Order No.

1.

This matter is taken up through hybrid mode.

07.

2.

Heard learned counsel for the appellant and learned Addl. Standing Counsel for the State.

3.

The appellant is in custody since 30.04.2022 in connection with Bada Bazar P.S. Case No.04 of 2022 corresponding to JR Case No.21 of 2022, pending in the Court of learned 2nd Addl. Sessions Judge-cum-Presiding Officer, Children's Court, Berhampur for the alleged commission of offence under Sections 20(b)(ii)(C) of NDPS Act.

4.

It is submitted that the appellant was entangled in the case on the basis of the statement of the co-accused and nothing was seized from his exclusive and conscious possession. 5.

Learned State Counsel has opposed the prayer for bail by submitting that the appellant-CCL is a habitual offender being involved in another case of Badabazar Police Station, Berhampur. The other materials on record also reveal that he has criminal proclivity.

6.

However, considering his age, while not being inclined to grant regular bail to the appellant, the CRLA is disposed of directing the learned court below to release the appellant on interim bail for a period of one month from the date of his actual release on such terms and conditions as he may deem fit and proper to impose.

7.

CRLA is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana