Kishan Sahu v. State of Odisha
Case brief
What is this about?
Orissa High Court (Cuttack), ABLAPL No.9038 of 2024, order dated 30.08.2024, single-judge bench: Hon'ble Mr. Justice Aditya Kumar Mohapatra. Kishan Sahu (Petitioner, adv. Santosh Kumar Mahanty) v. State of Odisha (Opposite Party, adv. Mr.A.P.Das, ASC). Application under Section 438, Cr.P.C. for anticipatory bail concerning offence punishable under Sections 20(b)(ii) C of N.D.P.S. Act in Spl.G.R.Case No.21 of 2024 arising out of Bhanjanagar P.S.Case No.320 of 2024. Outcome: ABLAPL disposed of; surrender directed before ASJ-cum-Special Judge, Gunupur within four weeks; same-day merit disposal of bail application; principles of parity and law in Tofan Singh vs. State of Tamil Nadu ((2021) 4 SCC 1) to be applied; case diary to concerned court.
What did the court decide?
No immediate anticipatory bail granted. The ABLAPL was disposed of by directing the Petitioner to surrender before the learned Additional Sessions Judge-cum-Special Judge, Gunupur within four weeks and to move for bail; upon such surrender, the learned Additional Sessions Judge-cum-Special Judge, Bhanjanagar is expected to dispose of the bail application on 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); the case diary is to be made available to the concerned court to facilitate disposal; urgent certified copy to be granted as per rules.