Sanatan Mallick @ Sanatan Mallik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6521 of 2021 Sanatan Mallick @ Sanatan Mallik ....

Petitioner Mr. Suryakanta Dwibedi, Advocate -versusState of Odisha ....

Opposite Party Mr. P.C. Das, Additional Standing Counsel for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

05.01.2022 Order No.

03.

1.

This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with 2(a) C.C. Case No.7 of 2021, arising out of Balliguda Excise PR Case No.5 of 2021-22 pending in the file of learned Special Judge-cum-Additional Sessions Judge, Balliguda, for commission of alleged offences under Sections 20(b)(ii)(C) of N.D.P.S. Act.

2.

Heard learned counsel for the Petitioner and Mr. P.C. Das, learned Additional Standing Counsel for State. 3.

Learned counsel for the Petitioner submits that Petitioner is in jail custody since 19.4.2021. It is further submitted that a quantity of 20kgs. and 300gms. ganza has been recovered from the possession of the Petitioner.

// 2 // 4.

Considering the nature of allegations and the fact that Petitioner is in jail custody since the date of his arrest, i.e. from 19.04.2021, I am inclined to release the Petitioner on bail in the above case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with one solvent surety for the like amount to the satisfaction of the learned court in seisin of the matter subject to conditions that the Petitioner shall not involve in any similar nature of offence. Further the trial court is directed to verify the criminal antecedents of the petitioner. In the event it is found that Petitioner is involved in the offence of similar nature, this order shall stand revoked and the Petitioner shall not be allowed to go on bail. However, if it is found that there is no antecedent against the present Petitioner, he shall be released on bail subject to the aforesaid conditions and any other conditions to be imposed by the trial court in seisin of the matter.

5.

With the above direction, the BLAPL is accordingly allowed.

6.

Issue urgent certified copy as per rules.

(A.K. Mohapatra) Judge U.K.Sahoo