Aftab Shaikh @ Aftab Mustafa Shaikh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7057 of 2022 Aftab Shaikh @ Aftab Mustafa Shaikh ....

Petitioner Mr. P.K.Nanda, Advocate -versusState of Odisha ....

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

ORDER

16.08.2022 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 T.R. Case No.60 of 2022, arising out of Koraput G.R.P.S. Case No. 13 of 2022, pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Koraput, under Sections 20(b)(ii)(B) 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 Addl. Sessions Judge-cum-Special Judge, Koraput, by order dated 18.07.2022 in the aforementioned case, the present BLAPL has been filed. The petitioner is stated to be in custody 1.06.2022.

5.

Perused the order of rejection.

6.

Considering the quantity of contraband seized to the tune of 19.5 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 every month till conclusion of trial and one of the sureties shall be the immediately family member of the petitioner.

8.

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

9.

Accordingly, the BLAPL stands disposed of.

10.

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