Abeid Pasha v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 5823 OF 2021 Abeid Pasha .........
Petitioner Mr. G.C.Rout, Adv.
-versusState of Odisha ............
Opposite Party Mr.K.K.Gaya, ASC
CORAM:
JUSTICE V. NARASINGH
ORDER
15.07.2022 Order No.
04.
1.
This matter is taken up through Hybrid Mode.
2.
Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.
3.
The Petitioner is an accused in connection with T.R. Case No.48 of 2021 arising out of Nandapur P.S. Case No. 56 of 2021 on the file of learned Addl. Sessions Judge-cumSpecial Judge, Koraput, registered for the alleged commission of offence under Sections 20(b)(ii)(C)/25 of the NDPS 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, Koraput, by order dated 14.07.2021, the present BLAPL has been filed.
5.
It is submitted by learned counsel for the petitioner that though the petitioner is in custody since 19.05.2021, there is no
progress in trial and relying on the judgment of the Apex Court in the case of Hussainara Khatoon & others Vrs. State of Bihar, reported in (1980) 1 SCC 81seeks release of the petitioner on bail. It is submitted that the petitioner is a victim of circumstances as such conscious exclusive possession cannot be attributed to her. 6.
Learned counsel for the Petitioner also relies on the order passed by this Court dated 24.06.2022 in BLAPL No. 6021 of 2021 relating to co-accused and seeks relief, inter alia, on the ground of parity.
7.
Considering the submission of the learned counsel for Petitioner, non-commence of trial as stated and release of coaccused, this Court directs that the petitioner shall be released on bail on such terms to be fixed by the learned court in seisin over the matter so as to ensure his presence on each date of trial. 8.
Accordingly, the BLAPL stands disposed of.
9.
Issue urgent certified copy of this order as per Rules. ( V.Narasingh ) Judge Dhal