Budhan @ Sanjeeb Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7952 of 2022 Budhan @ Sanjeeb Sahoo ....

Petitioner Mr. Bibhuti Keshari Biswal, Advocate -versusState of Odisha ....

Opposite Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

22.07.2022 Order No.

01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

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

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offences punishable under Sections 21(c) & 29 of the N.D.P.S. Act, 1985. 4.

Considering the nature of allegation, gravity of the offence and the facts of the case, I am not inclined to grant anticipatory bail to the Petitioner. However, it is observed that, in the event the petitioner surrenders and moves for bail before the learned 1st Addl. Sessions Judge-cum-Special Judge, Khordha in T.R. Case No.50 of 2022 corresponding to Khurda Model P.S. Case No.237 of 2022 within 15 (fifteen) days from today, learned 1st Addl. Sessions Judgecum-Special Judge, Khordha shall do well to consider and dispose of

// 2 // the bail application of the petitioner on the same day, on merit, in accordance with law.

5.

The Case Diary be made available to the learned Court below for consideration of the bail application of the petitioner on the same day. Ground of parity may be considered by the learned Court below in accordance with law, if the same is canvassed by the learned counsel for the petitioner.

6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida