Kundan Paswan @ Passman v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9179 of 2022 Kundan Paswan @ Passman ....

Petitioner Mr. Chandan Samantaray, Advocate -versusState of Odisha ....

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

ORDER

28.09.2022 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 2(a)CC Case No.131 of 2022 pending in the file of learned S.D.J.M., Balasore, offence under Sections 52(a)(i) and 62(1) of the Odisha Excise Act and is in custody since 10.08.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cum-Special Court (SC & ST), Balasore by order dated 08.09.2022 in the aforementioned case, the present BLAPL has been filed. 5.

Perused the order of rejection.

6.

Taking into account the nature of allegation being one under the Orissa Excise Act of carrying three quintals of Bhang,

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. Additionally it is directed that since the Petitioner is an outsider, the court in seisin over the matter shall fix such term so as to ensure his presence on each date of trial.

7.

Accordingly, the BLAPL stands disposed of.

8.

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