Jalandhar Sahu Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Jalandhar Sahu Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Direct anticipatory bail not granted; ABLAPL disposed of with directions to the petitioner to surrender within three weeks and to the Special Judge, Phulbani to dispose of the ensuing bail application the same day on merit, applying parity and the law laid down in Tofan Singh (2021) 4 SCC 1, with the case diary to be made available.

Issue for consideration

Whether anticipatory bail under Section 438 CrPC should be granted to the petitioner facing charges under Sections 20(b)(ii)C/25,29 NDPS Act in C.T. Case No.53 of 2022 (Gochhapada P.S. Case No.98 of 2022). +1 more

Court's answer

Anticipatory bail was not granted at this stage; the petitioner, if so advised, may surrender before the learned Session Judge-cum-Special Judge, Phulbani in the aforesaid case within three weeks.

Ratio / Principle

If the petitioner surrenders and moves for bail within the said period, the learned Special Judge, Phulbani shall dispose of the petitioner's bail application on the same day on merit in accordance with law.

Key takeaways

While considering the petitioner's bail application, the court in seisin over the matter shall apply the principles of parity and the law laid down by the Hon'ble Supreme Court of India in Tofan Singh vs. State of Tamil Nadu, (2021) 4 SCC 1.ratio¶¶20
The case diary shall be made available to the concerned court to facilitate disposal of the petitioner's bail application.ratio¶¶20

Detailed headnote1 paragraphs

Anticipatory Bail Application (ABLAPL No.1340 of 2024) under Section 438 CrPC by Jalandhar Sahu, sought in respect of alleged offence under Sections 20(b)(ii)C/25,29 of the NDPS Act (C.T. Case No.53 of 2022, Session Judge-cum-Special Judge, Phulbani, arising out of Gochhapada P.S. Case No.98 of 2022). Counsel urged parity, noting the co-accused had already been released on bail by the Court and that the petitioner was implicated on the co-accused's statement. The Court did not grant anticipatory bail forthwith; it directed the petitioner to surrender within three weeks, failing-in period upon which the Special Judge, Phulbani was asked to dispose of the bail application the same day on merit, applying the principles of parity and the law laid down in Tofan Singh vs. State of Tamil Nadu, (2021) 4 SCC 1, with the case diary to be made available to the concerned court. Order disposed of accordingly (A.K. Mohapatra, J., 06.08.2024).

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1340 of 2024

Jalandhar Sahu

.....

Petitioner

Represented By Adv. - Satyabrata Panda

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. – A.P.Das, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

06.08.2024

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. Perused the records.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 20(b)(ii)C/25,29 of NDPS Act in C.T. Case No.53 of 2022 of the Court of learned Session Judge-cum-Special Judge, Phulbani arising out of Gochhapada P.S. case No.98 of 2022.

Learned counsel for the Petitioner submitted that the co-accused has been released on bail by this Court. He further submitted that Petitioner has been implicated on the basis of the co-accused statement. 5. However, it is observed that the Petitioner, if so advised, may surrender before the learned Session Judge-cum-Special Judge, Phulbani, in the aforesaid case within three weeks from today. In the event the Petitioner surrenders and moves for bail within the

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aforesaid period, learned Special Judge, Phulbani, shall do well to dispose of the bail application of the Petitioner on the same day on merit in accordance with law. Further, while considering the bail application of the Petitioner, learned Court in seisin over the matter shall apply the principles of parity and the law laid down by the Hon’ble Supreme Court of India in Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1. The case diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner.

The ABLAPL is disposed of accordingly.

Urgent certified copy of this order be granted as per rules.

( A.K. Mohapatra)

Judge

Anil

Page Signature Not Verified 2 of 2 . Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 07-Aug-2024 10:19:29