Allowed

Muni Bindhani@Muni Bhoi v. State of Odisha

Orissa HC17 Apr 2019BLAPL/3077/2019

Case brief

AI extract

What is this about?

This single-judge bail order granted bail to the petitioner in an NDPS case. The court acknowledged the petitioner's judicial custody, the release of similarly situated co-accused, and that the charge relied on the co-accused's confession. Balancing these factors with Section 37 bar, the petitioner was granted bail.

What did the court decide?

The petitioner is to be released on bail on furnishing a bond of Rs. 20,000 with two solvent sureties for the same amount.

Muni Bindhani@Muni Bhoi Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2019)

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BLAPL No. 3077 of 2019

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17.04.2019

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

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This is an application under Section 439 Cr.P.C. in connection with Special Case (NDPS) No. 20 of 2018 arising out of Kantamal P.S. Case No.108 of 2017 pending in the Court of learned Special Judge, Boudh for alleged commission of offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act.

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The petitioner moved an application for bail before the Court of learned Special Judge, Boudh which was rejected on 25.03.2019.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 25.03.2019 and similarly situated co-accused persons have already been released on bail by this Court in BLAPL No.6938 of 2018 vide order dated 13.02.2019. He has annexed the copy of the bail order to this application as Annexure-2. It is further submitted that the contraband ganja was not found from the possession of the petitioner nor the petitioner was found near the spot and basing on the confessional statement of the co-accused, the petitioner has been arrayed as an accused and in the meantime, charge sheet has already been submitted and therefore, the bail application may be favourably considered.

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Learned counsel for the State has produced the case diary and fairly submits that the petitioner is similarly situated like the co-accused persons who have been enlarged on bail and basing on the confessional statement

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of the co-accused, the petitioner has been arrayed as an accused.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, release of the co-accused persons on bail and since the petitioner involvement is based on the confessional statement of the co-accused and also keeping in view the bar under section 37 of the N.D.P.S. Act as well as taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

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skb

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.

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Accordingly, the BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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………………….. S. K. Sahoo, J.

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Muni Bindhani@Muni Bhoi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Muni Bindhani@Muni Bhoi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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