Orissa High Court

Balia @ Balaram Srichandan vs State Of Odisha .... Opposite Party on 4 August, 2023

Author:
V. Narasingh

Bench:
V. Narasingh

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6430 of 2023

Balia @ Balaram Srichandan .... Petitioner
Mr. S. Mishra, Advocate
-versus-

State of Odisha .... Opposite Party
Mr. T.K. Praharaj, SC

BLAPL No. 6346 of 2023

Papina @ Prasanta Kumar .... Petitioner
Behera
Ms. R. Pradhan, Advocate
-versus-

State of Odisha .... Opposite Party
Mr. T.K. Praharaj, SC

CORAM: JUSTICE V. NARASINGH

ORDER

04.08.2023
Order No.
04 . 1. Since both the BLAPLs relate to the same P.S. Case (Jatni
P.S. Case No.165 of 2023) they are heard together and disposed of
by this common order, on the consent of the parties.

2. Heard learned counsel for the Petitioners and learned
counsel for the State.

3. The Petitioners are accused in connection with T.R. Case
No.254 of 2023, pending in the Court of learned District & Sessions
Judge, Khurda at Bhubaneswar arising out of Jatni P.S. Case
No.165 of 2023 for alleged commission of offences under
Section
21(b)
of NDPS Act.

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4. Being aggrieved by the rejection of their application for
bail U/s.439
Cr.P.C
. by the learned Sessions Judge, Khurda at
Bhubaneswar by order dated 11.05.2023 in the aforementioned
cases, the present BLAPLs have been filed.

5. It is submitted by the learned counsel that the Petitioners
are in custody since 05.05.2023 on the accusation of possessing
contraband to the tune of 7.20gms (Brown Sugar).

6. It is stated that since charge sheet has been filed on
01.07.2023, the petitioners may be released on bail.

7. Affidavit has been filed on behalf of the Petitioner in
BLAPL No.6430 of 2023 indicating that he is an accused in
Delanga P.S. Case No.273 of 2022 under
Section 21(b)
of NDPS
Act and learned counsel for the petitioner submits the Petitioner in
BLAPL No.6346 of 203 that the Petitioner was an accused in Jatni
P.S. Case No.23 of 2019 under
Section 21(b)
of NDPS Act.

8. Referring to such criminal antecedent of the Petitioners,
learned counsel for the State opposes the prayer for bail.

9. Taking into account that the criminal antecedent under the

Special Act
relates to less than commercial quantity, this Court
directs the Petitioners to be released on bail on such terms to be
fixed by the learned Court in seisin.

10. Before releasing the Petitioners on bail, learned Court in
seisin shall verify as to whether each of the Petitioners have any
other criminal antecedent than the one as noted above. If the
Petitioners have found to be involved in any other case than noted
above, this order shall stand recalled.

11. Accordingly, the BLAPLs stand disposed of.

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

Signature Not Verified

rules.

Digitally Signed

Signed by: AYESHA ROUT

Reason: Authentication (V. NARASINGH)
Location: High Court of Orissa
Ayesha Judge
Date: 07-Aug-2023 11:32:20

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