Prasant Digal Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Prasant Digal Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail on terms to be fixed by the learned Court in seisin, subject to the additional condition of monthly appearance before the jurisdictional police station (with certification of appearance to the Court in seisin) till conclusion of trial; BLAPL stands disposed of.

Issue for consideration

Whether the Petitioner, whose release on bail had been withheld owing to criminal antecedent, should now be granted bail given his acquittals in the two cited earlier cases, the accusation resting on a co-accused's statement, and the absence of any other criminal antecedent.

Court's answer

Considering the acquittals as noted, the nature of the accusation being on the basis of co-accused statement, and that the Petitioner has no other criminal antecedent, the Court directs release on bail.

Ratio / Principle

The Petitioner is to be released on bail on such terms to be fixed by the learned Court in seisin.

Key takeaways

As an additional condition, the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till the conclusion of trial.ratio¶23
Certification of each monthly appearance shall be submitted to the Court in seisin.ratio¶23

Detailed headnote1 paragraphs

Orissa High Court, Cuttack — BLAPL No. 1515 of 2024 — Order dated 20.03.2024 — Justice V. Narasingh — Prasant Digal v. State of Odisha. Petitioner, an accused under Sections-20(b)(ii)(C)/29 of the NDPS Act in C.T Case No.5(A) of 2021 (arising out of K.Nuagaon P.S. Case No.7 of 2021) pending before the learned Special Judge, Balliguda, was alleged, along with co-accused, to be involved in transportation of contraband to the tune of 87 kg 100 grams(Ganja). Though released on bail by this Court on 01.02.2024 in BLAPL No.13198 of 2023 (accusation on account of co-accused statement) subject to verification of criminal antecedent, he was not released owing to antecedent; his bail application U/s.439 Cr.P.C. was rejected by the learned Special Judge-cum-ADJ, Balliguda on 05.02.2024. Petitioner placed reliance on acquittal judgments dated 03.02.2018 in S.T. Case No.10 of 2017(S.T. Case No.60/2017(D.C)) (Asst. Sessions Judge, Balliguda, Kandhamal) and dated 23.09.2021 in C.T. Case No.27 of 2018(Trial Case No.1036 of 2019) (Civil Judge(Jr. Divn.)-cum-SDJM, Balliguda, Kandhamal), urging that the criminal antecedent ought not weigh against him. Considering the acquittals, the co-accused-statement basis of the accusation, and absence of other criminal antecedent, the Court directed the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin, additionally requiring him to appear before the jurisdictional police station once every month till conclusion of trial, with certification of such appearance submitted to the Court in seisin. BLAPL stands disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1515 of 2024

Prasant Digal …. Petitioner

Mr. S. Dwibedi, Advocate

-versus-

State of Odisha …. Opposite Party

Mr. A. Pradhan, ASC

CORAM: JUSTICE V. NARASINGH ORDER 20.03.2024

Order No.

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

The Petitioner is an accused in connection with C.T Case No.5(A) of 2021 pending on the file of learned Special Judge, Balliguda, arising out of K.Nuagaon P.S. Case No.7 of 2021 for commission of offence alleged under Sections-20(b)(ii)(C)/29 of the NDPS Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court. 4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge-cum-ADJ, Balliguda by order dated 05.02.2024 in the aforementioned case, the present BLAPL has been filed.

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The accusation against the present Petitioner is that he along with the co-accused are involved in the transportation of contraband to the tune of 87 kg 100 grams(Ganja).

The Petitioner was released on bail by order dated 01.02.2024 by this Court in BLAPL No.13198 of 2023 taking into account the accusation was on account of co-accused statement subject to verification of criminal antecedent.

It is submitted by the learned counsel that inadvertently it could not brought to the notice of this Court that the Petitioner was cited as an accused in two other cases.

It is further submitted by the learned counsel that the Petitioner has been acquitted in those two cases.

Taking into account that the Petitioner has criminal antecedent, in terms of the order passed by this Court, the Petitioner was not released on bail.

The Petitioner places reliance on the judgment of acquittal dated 03.02.2018 in S.T. Case No.10 of 2017(S.T. Case No.60/2017(D.C)) by the learned Asst. Sessions Judge, Balliguda, Kandhamal and judgment dated 23.09.2021 in C.T. Case No.27 of 2018(Trial Case No.1036 of 2019) by the learned Civil Judge(Jr. Divn.)-cum-SDJM, Balliguda, Kandhamal.

Referring to the same the learned counsel for the Petitioner submits that the criminal antecedent ought not to weigh with this Court in consideration of his bail application. 12. Learned counsel for the State opposes the prayer for bail. 13. Considering the acquittals as noted and nature of accusation being on the basis of co-accused statement and that the Petitioner has no other criminal antecedent, as stated, this Court

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directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.

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

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per the

rules.

(V. NARASINGH)
Soumya Judge

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 21-Mar-2024 12:50:40

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