Disposed¶27

Sachin Kumar Sahani v. State of Odisha

Orissa HC23 Apr 2024BLAPL/3593/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 CrPC; offence under Sections 20(b)(ii)(C) N.D.P.S. Act; P.R. No.389/2023-24 dated 15.03.2024 (District Mobile, Puri); Spl.G.R.Case No.56 of 2024 before Special Judge, Puri; bail bond Rs.30,000 with two local solvent sureties; release subject to trial-court conditions and cancellation on violation; bail conditional on verification of criminal antecedents of similar nature; custody since 16.03.2024; Orissa High Court BLAPL disposed on 23.04.2024.

What did the court decide?

Bail granted: release on furnishing bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount, subject to trial-court conditions, cancellation on violation, and verification of criminal antecedents of similar nature (bail order ineffective if such antecedents found). ¶27

Sachin Kumar Sahani Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether bail under Section 439 of the Code of Criminal Procedure should be granted to the Petitioner in connection with P.R. No.389/2023-24 / Spl.G.R.Case No.56 of 2024 (alleged offence under Sections 20(b)(ii)(C) of the N.D.P.S. Act).

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Court's answer

On consideration of materials on record, the Petitioner's custodial detention and the absence of criminal antecedents of similar nature, the Court inclined to grant bail.

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Ratio / Principle

Petitioner directed to be released on bail upon furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the court in seisin.

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Key takeaways

Release additionally subject to terms and conditions to be imposed by the learned court in seisin; violation of condition shall entail cancellation of bail.ratio¶25
Bail granted subject to verification of criminal antecedents of similar nature by the court in seisin over the matter.ratio¶26
If the Petitioner is found to have criminal antecedents of similar nature, the bail order shall not be given effect to.

Detailed headnote1 paragraphs

Bail granted (High Court of Orissa at Cuttack, BLAPL No.3593 of 2024, order dated 23.04.2024, Hon'ble Justice Aditya Kumar Mohapatra): the Petitioner, in custody since 16.03.2024 in connection with District Mobile, Puri P.R.No.389/2023-24 dated 15.03.2024, corresponding to Spl.G.R.Case No.56 of 2024 pending before the learned Special Judge, Puri, for an alleged offence under Sections 20(b)(ii)(C) of the N.D.P.S. Act, obtained bail under Section 439 of the Code of Criminal Procedure. Release is upon a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount, subject to terms and conditions of the court in seisin, cancellation of bail on violation, and verification of criminal antecedents of similar nature (the bail order not to be given effect to if such antecedents are found). The BLAPL was disposed of accordingly.

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3593 of 2024

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Sachin Kumar Sahani

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.....

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Petitioner

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Represented By Adv. - Rabi Narayan Mohanty

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented By Adv. –

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Mr.M.K.Mohanty, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

23.04.2024

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the materials placed before this Court.

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This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with District Mobile, Puri P.R.No.389/2023-24 dated 15.03.2024 corresponding to Spl.G.R.Case No.56 of 2024 pending in the Court of the learned Special Judge, Puri for alleged commission of offence under Sections 20(b)(ii)(C) of the N.D.P.S.Act.

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Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner, who is

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Page 1 of 3.

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innocent has been falsely implicated and languishing in custody since 16.03.2024. It is further submitted by the learned counsel for the Petitioner that as per the F.I.R. allegation, a total quantity of 24 kg. of contraband ganja was alleged to have been recovered from the possession of the Petitioner. It is also submitted by the learned counsel for the Petitioner that the Petitioner does not have criminal antecedent of similar nature. He also contended that the Petitioner has been falsely implicated in the present case. On such ground, learned counsel for the Petitioner submitted that the Petitioner may be granted bail on any suitable terms and conditions.

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Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the prayer for 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 article are on rise in State of Odisha now-a-days. Therefore, no leniency should be shown to the accused persons, who are involved in such type of offence. In such view of the matter, it is submitted that the prayer for bail of the Petitioner be rejected at this juncture.

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Having heard learned counsels for the parties, on careful examination of materials on record as well as taking into consideration the custodial detention of the Petitioner and the fact that the Petitioner is having no similar criminal antecedents of similar nature, this Court is inclined to grant bail to the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the

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Page 2 of 3.

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matter. Further, the release of the Petitioner shall also be subject to the terms and conditions that would be imposed by the learned court in seisin over the matter. Violation of condition shall entail cancellation of bail.

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It is also directed that the bail granted to the Petitioner is subject to the verification of criminal antecedents of similar nature by the court in seisin over the matter. In the event it is found that the Petitioner has any criminal antecedents of similar nature, this bail order shall not be given effect to.

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The BLAPL is, accordingly, disposed of.

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Issue urgent certified copy of this order as per Rules.

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( A.K. Mohapatra) Judge

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RKS

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Page 3 of 3. Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 25-Apr-2024 10:12:19

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Signature Not Verified

Sachin Kumar Sahani v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sachin Kumar Sahani 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

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