Krishna Chandra Nayak v. State of Odisha
Case brief
What is this about?
ABLAPL No.8626 of 2024, High Court of Orissa at Cuttack, order dated 23.08.2024 by Justice Aditya Kumar Mohapatra. Anticipatory bail under Section 438 Cr.P.C. for NDPS offence under Sections 20(b)(ii) C of N.D.P.S. Act (C.C. Case No.14 of 2024 (NDPS); District Mobile Unit, Kalahandi P.R.No.52/2024-25). Petitioner directed to surrender within four weeks; court below to decide bail application same day on merit, applying parity and Tofan Singh vs. State of Tamil Nadu (2021) 4 SCC 1; case diary to be furnished. Keywords: anticipatory bail, Section 438 CrPC, NDPS Act Section 20(b)(ii), Tofan Singh, parity, surrender, Sessions Judge-cum-Special Judge Kalahandi Bhawanipatna, ABLAPL.
What did the court decide?
Anticipatory bail was not granted outright; the ABLAPL was disposed of with liberty to the Petitioner to surrender before the learned Sessions Judge-cum-Special Judge, Kalahandi, Bhawanipatna within four weeks and move for bail, with directions that the bail application be disposed of the same day on merit in accordance with law, applying the principles of parity and the law laid down in Tofan Singh vs. State of Tamil Nadu, (2021) 4 SCC 1, and that the case diary be made available to the concerned court.