The High Court, hearing a bail application by a petitioner involved in an N.D.P.S. case, granted release on bail. The decision was based on the release of a similarly situated co-accused and the duration of the petitioner's custody, allowing the court to impose terms as deemed fit.
The petitioner is directed to be released on bail in the aforementioned case.
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BLAPL No.2538 of 2019
The petitioner being in custody in connection with G.R. Case No.21 of 2016 arising out of Mohana P.S. Case No.88 of 2016 pending in the court of the learned Special Judge, Gajapati, Paralakhemundi running for the alleged commission of offence under section 20(b)(ii)(C), 25 & 29 of N.D.P.S. Act has filed this application under section 439, Cr.P.C. for his release on bail.
Heard learned counsel for the petitioner and learned counsel for the State.
Considering the submissions made and on going through the materials available on record; further keeping in view the factum of release of co-accused Ishak Raita, who appears to be similarly situated with the petitioner on bail as also the period of detention of the petitioner in custody; it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
D. Dash, J
H
1 issue framed by the court
Whether the petitioner, in custody for offences under the N.D.P.S. Act, should be released on bail considering the release of a similarly situated co-accused and the period of detention.
2 provisions across 2 enactments
The Petitioner
The State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
