Babula Mahanandia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8617 of 2022 Babula Mahanadia ....

Petitioner Mr. S. Panda, Advocate -versusState of Odisha ....

Opp. Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

29.07.2022 01.

1.

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

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.

4.

The petitioner is seeking pre-arrest bail in connection with C.T. Case No.05 of 2022, arising out of Boudh P.S. Case No.04 of 2022 pending in the court of learned Special Court Boudh for commission of offence punishable under Sections 20(b)(ii)(C) of the N.D.P.S. Act.

5.

It is submitted learned counsel for the petitioner that basing on the statement of another co-accused, the petitioner has been falsely implicated in the present case and he was not arrested at the spot. Neither any incriminating materials has been seized from the conscious possession of the petitioner, nor he was arrested at the spot.

// 2 // 6.

Taking into consideration the nature of offence and nonavailability of the case diary, I am not inclined to exercise my discretion under Section 438, Cr.P.C. in favour of the petitioner. 7.

However, it is observed that the petitioner, if so advised, may surrender before the learned Special Court, Boudh in the aforesaid case within three weeks from today. In the event he surrenders and moves for bail within the aforesaid period, learned Special Court Boudh shall do well do dispose of the bail application of the petitioner on the same day on merit in accordance with law and further keeping in view petitioner was not present at the spot from where the seizure was made. Further, while considering the bail application of the petitioner, the learned court in seisin over the matter shall also consider the law laid down by the Hon'ble Supreme Court of India in Tofan Singh vrs. State of Tamilnadu : reported in (2021) 4 SCC 1 and order dated 10.01.2022 in the matter of State By (NCB) Bengaluru vrs. Pallulabid Ahmad Arimuta and another (Special Leave to Appeal (Criminal) No.242 of 2022). The case diary be made available to the concerned court to facilitate disposal of the bail application of the petitioner.

8.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu