Allowed

Suprava Samal v. State of Odisha

Orissa HC11 Mar 2024BLAPL/198/2024

Case brief

AI extract

What is this about?

High Court of Orissa disposed of three bail applications filed against accused in an NDPS case after earlier applications were rejected. Court ordered release on bail subject to verification of criminal antecedents and post-bail terms.

What did the court decide?

Petitioners released on bail subject to verification of criminal antecedents, monthly appearance before police station, and execution of proportionate bond by family member.

Suprava Samal Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No. 198 of 2024

¶3

Suprava Samal …. Petitioner
Mr. S.K. Lenka, Advocate
-versus-
….
State of Odisha Opposite Party
Mr. A. Pradhan, ASC

¶4

BLAPL No. 286 of 2024

¶5

Ranju @ Ranjita Behera …. Petitioner
Mr. S.K. Lenka, Advocate
-versus-
….
State of Odisha Opposite Party
Mr. A. Pradhan, ASC
BLAPL No. 792 of 2024
Kameni @ Anupama Pradhan …. Petitioner
Mr. S.K. Lenka, Advocate
-versus-
….
State of Odisha Opposite Party
Mr. A. Pradhan, ASC

¶6

CORAM: JUSTICE V. NARASINGH

ORDER

11.03.2024

Order No.

Since all the BLAPLs relate to the same P.S. (Dhauli P.S. Case No.106 of 2023), on the consent of the learned counsel for the

¶12

Page 1 of 4

¶13

Petitioners as well as State, they are taken up together and are disposed of by this common order.

¶14

Heard learned counsel for the Petitioners and learned Standing Counsel for the State.

¶15

The Petitioners are accused in connection with T.R. Case No.335 of 2023, pending on the file of the learned District & Sessions Judge, Bhubaneswar, arising out of Dhauli P.S. Case No.106 of 2023 for alleged commission of offences under Sections 20(b)(ii)C & 29 of the NDPS Act.

¶16

Learned counsel, on instruction, submits that except the present BLAPLs, no other bail applications of the Petitioners relating to the aforementioned P.S. case is pending in any other Court.

¶17

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge (K) Bhubaneswar by order dated 20.12.2023 in the aforementioned cases, the present BLAPLs have been filed.

¶18

This is the second journey of the Petitioners to this Court. Earlier bail application of the Petitioners (Suprava Samal, Ranju @ Ranjita Behera and Kameni @ Anupama Pradhan) were rejected by this Court by orders dated 08.08.2023 in BLAPL No.8105 of 2023, 08.08.2023 in BLAPL No.8107 of 2023 and order dated 03.08.2023 in BLAPL No.8045 of 2023 respectively since the same were during the currency of investigation.

¶19

It is submitted by the learned counsel that the Petitioners are in custody since 04.07.2023 on the accusation of possessing contraband (ganja) to the tune of 59.100 kgs and as charge sheet has already been filed on 17.12.2023, their further continuance in custody is unwarranted.

¶20

Page 2 of 4

¶21

Learned counsel for the Petitioners also relies on the orders passed by this Court in respect of the release of the co-accused dated 15.02.2024 in BLAPL No.14661 of 2023 and order dated 26.02.2024 in BLAPL Nos.901 and 888 of 2024 and seeks release inter alia on the ground of parity.

¶22

It is submitted by the learned counsel that the basis of accusation is on account of the co-accused statement and relying on the judgment of the Apex Court in the case of Tofan Singh vrs. State of Tamil Nadu , reported in (2020) 80 OCR (SC) 641 and the State of Haryana vrs. Samarth Kumar reported in 2022 Live Law (SC) 622 , the Petitioners seek release.

¶23

Learned counsel for the State opposes the prayer for bail and referring to the statement of one co-accused, namely, Kamil Kanhar at whose behest a note book has been seized and in which the name of the Petitioners along with other accused persons are mentioned. Learned counsel for the State submits that in view of the stringent provision under Section 37(1)(b)(ii) of the NDPS Act, the Petitioners are not entitled to be released on bail.

¶24

Taking into account the manner of accusation and filing of charge sheet and release of the co-accused, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned court in seisin subject to verification of criminal antecedent. 12. If it comes to fore that the Petitioners have any criminal antecedent , this order shall not be given effect to.

¶25

Additionally, it is directed that, the Petitioners 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 conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

¶26

Page 3 of 4

¶27

It is further directed that one of the family members of the each of the Petitioners shall execute the P.R bond in addition to the sureties so fixed.

¶28

Accordingly, the BLAPLs stand disposed of.

¶29

Urgent certified copy of this order be granted as per rules.

¶30

(V. NARASINGH)

¶31

Judge

¶32

Santoshi

¶33

Signature Not Verified

¶34

Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 12-Mar-2024 18:51:37

¶35

Page 4 of 4

Suprava Samal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Suprava Samal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pakili Pradhan Vs State of Odisha

Makuru Purty Vs State of Odisha

Sk. Anwar Vs State of Odisha

Ranju @ Ranjita Behera Vs State of Odisha

Bijay Kumari Jani Vs State of Odisha

Laxmidhar Jena Vs Iic,Puri Sadar P.S