Aisha Bewa v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9822 of 2022 Aisha Bewa ....

Petitioner Mr. A.R. Panda, Advocate -versusState of Odisha ....

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

ORDER

28.11.2022 Order No.

02.

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 connection with Special Case No.254 of 2022, pending in the court of the learned Sessions Judge-cum-Special Judge, Balasore, arising out of Sahadevkhunta P.S. Case No.308 of 2022 for commission of offence under Sections 21(b)/29 of the N.D.P.S Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Balasore, by order dated 29.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel that the Petitioner is in custody since 28.09.2022 and on instruction, learned counsel for the Petitioner submits that charge sheet has been filed on

25.11.2022 and it is stated that net weight of contraband (brown sugar) seized being to the tune of 13.01 grms., which is less than the commercial quantity, his case may be considered liberally. The memo filed by the learned counsel for the Petitioner be kept on record.

6.

Learned counsel for the State opposes the prayer for bail. 7.

Taking into account the filing of the charge sheet, this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter. 8.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge PKS