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Judgment
Savitri Ratho, J
Heard Mr. S.R. Panda, learned counsel for the petitioner and Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State.
This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with S.T.F. (Bhubaneswar) P.S. Case No. 29 of 2022 corresponding to G.R. Case No. 35 of 2022 pending in the Court of the learned District and Sessions Judge, Cuttack registered for commission of offence punishable under Sections 21(c)/29 of NDPS Act against one Jemesh Kumar Sahoo, Hemanta Kumar Pradhan, Spaniswar Pradhan @ Sapani and Md. Basir.
The prayer for bail of the petitioner has been rejected vide order dated 25.04.2023 by the learned Sessions Judge -cum- Special Judge, Cuttack when the investigation was in progress.
Mr. S.R. Panda, learned counsel for the petitioner submits that the petitioner is in custody since 09.02.2023 having been arrested on 07.02.2023 in Monipur. He further submits that the basis of the implication of the petitioner is the statements of the co-accused Jumesh Kumar Sahoo @ Raju @ Chhincha and there is no other material to implicate the petitioner. He also submits that the investigation has been completed and charge sheet dated 31.05.2023 has been filed.
Since almost one year has elapsed since the rejection of the prayer for bail of the petitioner, without going into the merit of the case, the BLAPL is disposed of granting liberty to the petitioner to move the learned Court below for bail afresh as it is stated that the investigation has been completed in the meanwhile.
Urgent certified copy of this order be granted on proper application.
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