Sachin Swalsingh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7058 of 2022 Sachin Swalsingh and others ....

Petitioners Mr. S.K. Dash, Advocate -versusState of Odisha ....

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

ORDER

13.09.2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioners are accused in T.R. Case No.104 of 2021, pending in the file of learned Additional Sessions Judge-cumSpecial Judge, Gunupur, arising out of Chandrapur P.S. Case No.50 of 2021, under Section 20(b)(ii)(C)/25/29 of NDPS Act. 4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cumSpecial Judge, Gunupur by order dated 18.05.2022 in the aforementioned case, the present BLAPL has been filed. 5.

It is submitted by the learned counsel for the petitioner that co-accused one Puspanjali sahoo has been released on bail by ordr dated 20.04.2022 in BLAPL No.92 of 2022 and another co-accused was released by order dated 19.05.2022 in BLAPL No.3705 of

2022, hence on the ground of parity release of the petitioner is sought.

6.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that petitioner Nos.1 and 2 are not similarly circumstanced.

7.

Taking into account the release of the co-accused as noted above, this Court directs the petitioners to be released on bail. The learned Court in seisin over the matter to fix the terms so as to ensure their presence on each date of trial.

8.

Accordingly, the BLAPL stands disposed of.

9.

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