Kanhei Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10431 of 2022 Kanhei Biswal ....

Petitioner Mr.S.N.Biswal, Advocate -versusState of Odisha ....

Opp.Party Mr.M.K.Mohanty, A.S.C..

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

06.09.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel. Perused the records. 3.

This is an application under Section 438 Cr.P.C. filed by the Petitioner for anticipatory bail.

4.

The Petitioner is apprehending his arrest for the alleged commission of offence under Sections 20(a)(b) 1 of N.D.P.S.Act in Special Case No.02 of 2008 of the Court of the learned Special Court, Angul arising out of P.R.No.21/2007-08 of Inspector of Excise Sadar Range, Angul.

5.

Taking into consideration the nature of offence and nonavailability of the case diary, I am not inclined to exercise my discretion under Section 438 Cr.P.C. in favour of the Petitioner. 6.

However, it is observed that the Petitioner, if so advised, may

// 2 // surrender before the learned Special Court, Angul in the aforesaid case within three weeks from today. In the event of his surrender and motion for bail within the aforesaid period, learned Special Court, Angul shall do well to dispose of the bail application of the Petitioner on the same day on merit in accordance with law. The case diary be made available in the concerned court to facilitate disposal of the bail application of the Petitioner.

7.

The ABLAPL is accordingly disposed of.

8.

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