Salaman Pal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7004 of 2021 Salaman Pal ....

Petitioner Mr.B.P.Chhualsingh, Advocate -versusState of Odisha ....

Opposite Party Mr.P.C.Das,A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

10.02.2022 1.

1.

This matter is taken up through Video Conferencing mode. 2.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Gudari P.S.Case No.45 of 2021, corresponding to T.R.Case No.73 of 2021, pending in the Court of the learned Additional Sessions Judgecum-Special Judge, Gunupur for alleged commission of offences under Sections 20(b)(ii)(C)/29 of N.D.P.S. Act, 1985. 3.

Learned Additional Standing Counsel vehemently opposes the prayer for bail of the Petitioner on the ground that number of such type of cases are increasing day by day and no leniency should be shown to the Petitioner or similarly situated persons. 3.

Upon consideration of the submissions made by the respective parties as well as on perusal of the records and on consideration of the peculiar facts and circumstances of the case and considering the fact that the petitioner is languishing in jail custody since 08.07.2021, I am inclined to release the Petitioner on bail in the

// 2 // above case, on furnishing a bail bond of Rs.50,000/- (Rupees Fifty thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter subject to condition that the Petitioner shall not indulge in such type of offence while on bail. Further, it is open to the court in seisin over the matter to impose any additional condition (s), if situation so warrants. 4.

It is further directed that the bail granted to the Petitioner is subject to the condition that learned court below shall verify whether the Petitioner has any criminal antecedents. In the event it is found that the Petitioner has any criminal antecedents of similar nature, this bail order shall automatically stand revoked. 5.

The BLAPL is accordingly disposed of.

6.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge