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Orissa High CourtBLAPL/6876/2022allowed

Sarbasudhi Kumar Swamy @ S. Kumar v. State Of Odisha

2022-08-04Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6876 of 2022 Sarbasudhi Kumar Swamy @ S.Kumar ....

Petitioner Mr. T.K.Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K.Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

04.08.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner is an accused in G.R. Case No.67 of 2021, arising out of Paralakhemundi. Case No.102 of 2022, pending on the file of learned Sessions Judge-cum-Special Judge, Gajapati, Paralakhemundi, under Sections 20(b)(ii)(B)/29 of N.D.P.S. Act. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Sambalpur, by order dated 6.07.2022 in the aforementioned case, the present BLAPL has been filed. The petitioner is stated to be in custody since 8.06.2022.

5.

Perused the order of rejection.

6.

Considering the quantity of contraband seized to the tune of 2.850 Kgs (Ganja), which is admittedly less than commercial

quantity and the period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

7.

Additionally, it is directed that he shall appear before the jurisdictional Police Station once in every week. First date of such appearance be fixed by the learned Court.

8.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Dhal