Special leave petition for bail in an N.D.P.S. case. Court rejected parity argument based on Sudam Karan case as earlier orders addressed Section 37(1). Bail dismissed for lack of reasonable grounds to believe innocence.
Bail prayer of petitioner is dismissed.
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BLAPL No.2353 of 2017
05. 07.08.2019
Heard the learned counsel for the petitioner and the
learned counsel for the State.
The petitioner being in custody in Special G.R. Case No.79 of 2016, arising out of Phiringia P.S. Case No.84 of 2016 pending in the court of learned District & Sessions Judge-Cum-Special Judge, Phulbani has filed this petition for his release on bail. The offence alleged against the petitioner is punishable under Sections 20(b)(ii)(C)/29 of N.D.P.S. Act.
Learned counsel for the petitioner submits that since in this case three co-accused persons similarly situated have already released on bail vide orders of this Court dated 05.01.2017 in BLAPL No.7822 of 2016 & 10.03.2017 in BLAPL No.261 of 2017, the petitioner be released on bail.
On perusal of the aforesaid orders, it appears that the Court has addressed of the provision under Section 37(1) of N.D.P.S. Act and granted bail. Therefore, the petitioner has no case on the ground of parity in view of the law laid down in the case of Sudam Karan v. State of Odisha, (2014) 58 OCR 747.
2
Hence, from the allegation made, it being difficult to record a finding that there are reasonable ground to believe the petitioner not to have committed the offence and not likely to commit any such offence which is held by the Apex Court to be similar offence, I am of the view that the petitioner has made out no case for his release on bail.
Accordingly, the prayer of the petitioner for bail is devoid of merit and stands dismissed.
………………….. S.Pujahari, J.
RKS
2 issues framed by the court
Whether the petitioner is entitled to bail on grounds of parity with co-accused in similar N.D.P.S. cases.
Whether the petitioner has established reasonable grounds to believe he has not committed the offence.
Colour shows how this judgement treated each authority
Sudam Karan v. State of OdishaApplied¶7
Sudam Karan v. State of Odisha, (2014) 58 OCR 747
2 provisions across 1 enactments
Petitioner
State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
