Saswat Kumar Digal Vs State of Odisha

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with 2(a)C.C. No.01 of 2024(N), arising out of S.I. of Excise, Striking Force, Chhatrapur P.R. No.246/2023-24, pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Khallikote, for alleged commission of offences punishable under Sections 20(b)(ii)(C) of the N.D.P.S. Act, 1985.

¶16

It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is in custody since

¶17

// 2 //

¶18

25.01.2024. He further submitted that the alleged contraband article, which is stated to have been recovered, is 24 Kgs. 400 Grams. It is further submitted that the Petitioner does not have similar criminal antecedent. It is also contended that the Petitioner has falsely implicated in this case.

¶19

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that allegations made against the Petitioner are serious in nature. He further submitted that the cases of illegal transportation of contraband Ganja are on rise in State of Odisha now-a-days. However, the release of the Petitioner at this stage would create hindrance for early conclusion of the trial. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

¶20

Considering the submissions made by the learned counsels for the respective parties and taking into consideration the period of detention in custody of the Petitioner as well as the quantity of contraband Ganja as involved in present case, this Court is inclined to release the Petitioner on bail.

¶21

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000/(Rupees twenty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with other terms and conditions as would be deemed fit and proper by the Court in seisin over the matter.

¶22

It is further directed that the bail granted to the Petitioner

¶23

// 3 //

¶24

is subject to the condition that the court below shall verify whether the Petitioner has any criminal antecedent of similar nature. In the event it is found that the Petitioner has any criminal antecedent, this bail order shall automatically stand revoked.

¶25

The BLAPL is, accordingly, disposed of.

¶26

( A.K. Mohapatra)

¶27

Judge

¶28

Debasis

¶29

Signature Not Verified

¶30

Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 19-Mar-2024 17:32:00

Saswat Kumar Digal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Saswat Kumar Digal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mrutyunjay Rout Vs Mir Nadir Ali

Santosh Kumar Toppo Vs Sabir Dutta

Icici Prudential LIC Ltd. Vs Judhisthir Jena

Trinath Guru Vs State of Odisha

Md. Parvej Vs State of Odisha

Pandita Pradhan Vs State of Odisha