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Judgment
V. Narasingh, J
Since all the matters arise out of Jatni P.S. Case No.153 of 2023, they are heard together and disposed of by this common order on the consent of the parties.
Heard learned counsel for the Petitioners and learned counsel for the State.
The Petitioners are accused in T.R Case No.230 of 2023 pending on the file of learned Sessions Judge, Khordha at Bhubaneswar, arising out of Jatni P.S. Case No.153 of 2023 for commission of the alleged offence under Section 20(b)(ii)(C) of the N.D.P.S Act.
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 08.05.2023 in the aforementioned cases, the present bail applications have been filed.
It is submitted by the learned counsel that the Petitioners are in custody since 24.04.2023 on the accusation of possessing contraband to the tune of 32 Kg. 600 grams of ganja.
It is further submitted that the Petitioners are the first offenders.
It is the further submission of the learned counsel that the father of Petitioner in BLAPL No.5661 of 2003 is undergoing treatment at AIIMS and the mother of Petitioner in BLAPL No.5659 of 2023 is suffering from Cancer.
Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37 of the N.D.P.S Act and during currency of investigation.
Taking note of the health conditions of the relations of the Petitioners as noted hereinabove, this Court, on humanitarian grounds, directs the Petitioners to be released on bail on such terms to be fixed by the learned court in seisin subject to verification of criminal antecedents of any nature.
If it comes to fore that the Petitioners have any criminal antecedents, this order shall stand recalled.
Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.
Accordingly, the bail applications stand disposed of.
Urgent certified copy of this order be granted as per rule.
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