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High CourtsSingle Bench(2023) 09 OHC CK 0221

Irma Musaki vs State Of Orissa

Orissa High Court · Decided on 25 September 2023

HON’BLE JUDGES
V. Narasingh, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 2779 Of 2023 & Bail Application No. 3522 Of 2023

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Judgment

14 paragraphs · 382 words

V. Narasingh, J

1.

Heard learned counsel for the Petitioner and learned counsel for the State.

2.

The petitioner is an accused in connection with Special G.R. Case No. 121 of 2022, pending on the file of the learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Kalimela P.S. Case No.207 of 2022 for alleged commission of offences under Sections 20(b)(ii)(C)/27-A of N.D.P.S. Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Malkangiri by order dated 27.02.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel for the Petitioner that the implication of the Petitioner is on account of the co-accused statement who were nabbed at the spot.

5.

It is stated by the learned counsel for the Petitioner that in the meanwhile this Court by common orders passed in respect of the co-accused dated 16.08.2023 in BLAPL No.2054 of 2023 and connected matters and by order dated 21.08.2023 in BLAPL No.1968 of 2023 and other connected matters have directed for release of the accused persons who were nabbed at the spot and on the basis of whose statement, the Petitioner has been implicated.

6.

Learned counsel for the Petitioner further submits that the Petitioner is the first offender.

7.

Learned counsel for the State opposes the prayer for bail in view of the bar contained under Section 37 of NDPS Act.

8.

Taking into account the basis of implication and release of the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

9.

Before releasing the Petitioner on bail, learned Court in seisin shall verify the criminal antecedent of the Petitioner. If it comes to fore that the Petitioner has any criminal antecedent, this order shall stand recalled.

10.

Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every fifteen days on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.

11.

Accordingly, the BLAPL stands disposed of.

12.

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

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