Jitendra Pangi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.5343 of 2022 Jitendra Pangi ....

Petitioner Mr.Ananta Narayan, Adv.

-versusState of Odisha ....

Opp. Party Mr.G.R. Mohapatra, ASC

CORAM:

DR. JUSTICE S.K. PANIGRAHI

ORDER

21.07.2022 Order No.

01.

1.This matter is taken up through hybrid mode.

2. Heard.

3. The petitioner being in custody since 24.06.2020 in connection with T.R. Case No. 28 of 2020 relating to Baipariguda P.S. Case No. 85 of 2020 pending in the learned Sessions Judge-cum-Special Judge, Koraput.

4. The petitioner submits that he is a labour who was helping the principal accused Susanta Das who is the driver of the vehicle. Though the seized contra band ganja was in commercial quantity. The raiding team of the police implicated the petitioner reporting his presence in the vehicle without knowing what was the contents of this gunny bag. It was fully submitted that being a

// 2 // labourer he was only carrying out the instruction to earn his wage and he has no nexus with the offence.

4. Learned counsel for the State vehemently opposes the prayer for bail of the petitioner.

5. Having scrutinized the case record, this Court is of the opinion that the petitioner deserves to be released on bail. Accordingly, it is directed that the petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned Court in seisin over the matter with further conditions that:- i. the petitioner shall appear before the learned trial court on each date of posting of the case, ii. he shall not indulge himself in any criminal offence while on bail; and iii. he shall not tamper with the evidence of the prosecution witnesses in any manner.

6. Violation of any of the conditions shall entail cancellation of the bail.

7. This BLAPL is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge SD