Loknath Harijan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10459 of 2022 Loknath Harijan ....

Petitioner None -versusState of Orissa ....

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

ORDER

15.11.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

None appears for the petitioner when the matter is called. 3.

The petitioner is an accused in connection with Special G.R. Case No.117 of 2022, pending in the file of the learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Mathili P.S. Case No.158 of 2022, for alleged commission of offences under Sections 20(b)(ii)(C)/25/27-A & 29 of the NDPS Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Malkangiri, by order dated 19.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the State that copy of the bail application has also not served on the learned counsel for the State.

6.

Perused the materials on record, it is seen that the F.I.R. was registered on 03.08.2022 and the consideration by the learned Court in seisin was on 19.08.2022.

7.

Considering that the quantum of contraband is to the tune of 1018 Kg 820gms and the consideration by the learned Court in seisin was at the nascent stage of investigation, this Court is not inclined to entertain this bail application at this stage. 8.

It shall be open to the petitioner to move the Court in seisin post charge-sheet, which shall be considered on its own merits without being influenced by the earlier order or order passed by this Court.

9.

Accordingly, the BLAPL stands rejected.

10.

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