Disposed

Subham Pattanaik @ Pattnayak v. State of Odisha

Orissa HC13 Mar 2024BLAPL/1235/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 CrPC by an NDPS accused previously released on misstated antecedents. Court found no infirmity in the Special Judge's refusal but, considering the accusation and co-accused's release, directed bail subject to weekly police-station appearance and verification that antecedents do not exceed three.

What did the court decide?

Petitioner to be released on bail on terms fixed by court in seisin; weekly police station appearance with certification; bail ineffective if more than three antecedents found.

Subham Pattanaik @ Pattnayak Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 1235 of 2024

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…. Subham Pattanaik @ Pattnayak

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Petitioner

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Mr. J. Behera, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. H.K. Panigrahi, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

Order No.

13.03.2024

1. Heard learned counsel for the Petitioner and learned counsel for the State.

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The Petitioner is an accused in connection with Special G.R. Case No.43 of 2023, pending on the file of the learned Sessions Judge-cum-Special Judge, Balangir, arising out of Balangir Town P.S Case No.269 of 2023 for alleged commission of offence under Section 20(b)(ii)(C) of the NDPS Act.

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Learned counsel for the Petitioner, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner is pending in any other Court, relating to the aforesaid P.S. Case.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Balangir, by order dated 30.01.2024 in the aforementioned case, the present BLAPL has been filed.

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This is the third journey of the Petitioner to this Court, Earlier the bail application of the Petitioner was rejected by this Court by order dated 28.08.2023 in BLAPL No.8473 of 2023 since the same was during the currency of investigation and taking into account that the contraband was seized is to the tune of 27Kgs Ganja from the Petitioner and other co-accused.

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The Petitioner again moved this Court in BLAPL No.14177 of 2023 and this Court directed the release of the Petitioner by order dated 16.01.2024 and while doing so it was noted on the basis of the submission at the behest of the Petitioner that he has only one criminal antecedent.

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The learned Court in seisin was requested to verify the criminal antecedent of the Petitioner as stated before release. Since it came to light that the Petitioner has additional criminal antecedent, learned Special Judge did not release the Petitioner and hence this application.

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This Court prima facie does not find any infirmity in the order so passed by the learned Court in seisin.

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Referring to Annexure-3, it is submitted by the learned counsel that the Petitioner was cited as an accused in Balangir Town P.S. Case No.153 of 2018 U/s. 52(a) of Odisha Excise Act and Balangir Town P.S. Case No.211 of 2020 U/s. 341/294/323/506/34 of IPC.

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It is submitted by the learned counsel for the Petitioner with vehemence that the criminal antecedents ought not to deter with this Court from considering the bail application of the Petitioner.

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Learned counsel for the State opposes such prayer and submits that since the Petitioner has criminal antecedent and one of

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the cases is of similar nature, the Petitioner ought not to be released on bail relying on the prescription of law under Section 37(1)(b)(ii) of NDPS Act.

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Per contra, it is submitted by the learned counsel for the Petitioner that the criminal antecedent being year old, the prayer of the Petitioner may be considered leniently.

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Learned counsel for the Petitioner further submits that inadvertently the criminal antecedent could not brought to the notice of the Court.

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Considering the nature of accusation and release of the coaccused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin.

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Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin. Certification of such appearance shall be submitted to the learned Court in seisin.

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Before releasing, learned Court in seisin is requested to verify criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has more than three criminal antecedents, this order shall not be given effect to.

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Accordingly, the BLAPL stands disposed of.

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Urgent certified copy of this order be granted as per the

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rules.

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(V. NARASINGH) Ayesha Judge

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Ayesha

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Signature Not Verified

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Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 14-Mar-2024 16:34:37

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Subham Pattanaik @ Pattnayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Subham Pattanaik @ Pattnayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

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