Allowed

Harman Das v. State of Odisha

Orissa HC3 Nov 2021BLAPL/3993/2021

Case brief

AI extract

What is this about?

In an application for bail under Section 439 Cr.P.C. in a Narcotics Drugs case involving recovery of briar sugar, the court granted bail to the first-time offender petitioner, applying the rule of parity as a co-accused was already released, imposing monetary bonds and restrictions on future conduct.

What did the court decide?

Petitioner released on bail upon surrendering Rs. 50,000 bond with two sureties, subject to conditions of not indulging in similar activities and attending court on all posting dates.

Harman Das Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 3993 of 2021

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Harman Das

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…. Petitioner

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Mr.Pradeep Kumar Das, Advocate -versus-

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State of Odisha

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…. Opposite Party Mr. P.K.Mohanty, ASC

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CORAM:

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JUSTICE R.K.PATTANAIK

Order No.

ORDER

03.11.2021

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

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This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with P.R. No. 175 of 2020-21 corresponding to Special (N.D.P.S.) Case No. 37 of 2021 pending in the Court of learned Special Judge, Bhadrak.

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Perused the P.R. wherein, it is alleged that on 22.03.2021 at about 7 P.M. the accused persons were travelling in a motorcycle bearing Regd. No. OD-22-5693 in a suspicious manner and at that time, the Excise officials intercepted them and on being searched, 152 grams of brown sugar kept in a small plastic box was recovered from them. In that connection the petitioner was arrested and forwarded to the court.

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Learned counsel for the petitioner submits that the accused has no criminal antecedent and is a first time offender and another accused, namely, Rajendra Sadangi is on bail by this Court in BLAPL No. 2938 of 2021 and considering the same, the petitioner should be released on bail.

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Learned counsel for the State contended that 152 grams of brown sugar was recovered and seized from the accused persons and the criminal antecedent of the petitioner is not yet ascertained.

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A copy of the bail order dated 29.09.2021 in BLAPL No. 2938 of 2021 of this Court is filed today which revealed that another accused namely, Rajendra Sadangi has been granted on bail.

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Considering the submissions of the learned counsel for the petitioner that the accused does not have any criminal track record and the fact that another accused is on bail, by applying the rule of parity, the Court is of the considered view that the petitioner should be released on bail with conditions.

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In the result, it is directed that the petitioner be released on bail on furnishing a bail bond of Rs.50,000/(rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned court below in seisin over the matter with conditions that he shall not indulge himself in similar kind of criminal activities, while on bail ; and shall attend the Court on each date of posting of the case till the conclusion of trial.

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9. The BLAPL is accordingly disposed of.

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An urgent certified copy of this order may be issued as per rules.

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Judge

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Harman Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Harman Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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