Hari Sisha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9513 OF 2020 Hari Sisha .........

Petitioner Mr. R.L. Pattnaik, Advocate -versusState of Odisha ............

Opposite Party Mr. P. Mohapatra, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

16.05.2022 Order No.

04.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in T.R. Case No. 148 of 2020 on the file of the learned Sessions Judge-cum- Special. Judge, Malkangiri arising out of Chitrokonda P.S. Case No. 130 of 2020 alleged for commission of offence Under Sections20(b)(ii)(c) of the NDPS Act. 3.

Being aggrieved by the rejection of his application for bail U/Sec. 439 Cr.P.C by the learned. Sessions Judge-cumSpecial. Judge, Malkangiri by Order dtd. 23.11.2020 in T.R Case No. 148 of 2020, the present BLAPL has been filed. 4.

Heard Mr. R.L. Pattnaik, learned counsel for the petitioner and Mr. P.Mohapatra, learned counsel for the State.

5.

This Court by order dtd. 15.01.2021 had specifically called for Case Diary. Learned counsel for the State submits that, in spite of intimation the Case Diary is not been produced. 6.

Considering the materials on record and the order of the rejection passed by the learned Special Judge. Taking into account the period of custody, the petitioner is directed to be released on bail on such terms to be fixed by the learned Court in Seisin over the matter, so as to ensure his presence on each date of trial.

7.

The Bail Application thus stands disposed of. 8.

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