Allowed

Roma Mali v. State of Odisha

Orissa HC16 May 2024BLAPL/4595/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail petition filed under Section 439 Cr.P.C. by a petitioner alleged to be a supplier of ganja, who was detained since April 26, 2024. Released on bail pending trial as investigation concluded, subject to furnishing a bond and ensuring no criminal antecedent.

What did the court decide?

Petitioner released on bail pending trial subject to furnishing a bond of Rs.50,000 with one solvent surety for the like amount.

Roma Mali 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.4595 of 2024

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Roma Mali

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…. Petitioner

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Mr. J.K. Panda, Advocate

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-Versus-

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State of Odisha

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…. Opposite Party Mr. B.P. Tripathy, AGA

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CORAM:

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MR. JUSTICE R.K. PATTANAIK

ORDER

16.05.2024

Order No.

Heard Mr. Panda, learned counsel for the petitioner and Mr. Tripathy, learned AGA for the State opposite party.

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Instant petition under Section 439 of Cr.P.C. is filed for release of the petitioner on bail in connection with T.R. Case No. 13 of 2023 corresponding to Kosagumuda P.S. Case No. 78 of 2023 pending in the file of learned Sessions Judge-cum-Special Judge, Nabarangpur on the grounds sated therein.

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Mr. Panda, learned counsel for the petitioner submits that the principal accused from whom the alleged recovery was shown with the seizure of contraband Ganja has been released on bail by this Court’s order dated 17^th October, 2023 in BLAPL No.11691 of 2023. It is further submitted that the petitioner is alleged to be the supplier of the contraband substance and stands implicated solely on the basis of the confession of the co-accused, namely, Tularam Kumar @ Kumbhar, who is on bail. It is lastly submitted by Mr.

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Panda that the quantity of the contraband Ganja is 22.5 Kgs., which is slightly more than the commercial quantity and considering the closure of investigation with the chargesheet filed and detention of the petitioner since 26^th April, 2024, he should be allowed to go on bail on any terms and conditions as would be fixed by the Court.

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Mr. Tripathy, learned AGA for the State, however, objects to release of the petitioner on bail considering the materials on record and the alleged recovery of contraband Ganja, he being the supplier, as revealed with the confession of the co-accused.

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Perused the order dated 17^th October, 2023 in BLAPL No.11691 of 2023 as at Flag-A.

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From the rejection order i.e. Annexure-2, the Court finds that the petitioner is alleged to be the supplier of the contraband Ganja, however, the recovery is shown against the other accused. The quantity is less than commercial and the contraband Ganja was found to be kept in a plastic bag in possession of the co-accused, namely, Tularam Kumar @ Kumbhar. It is not in dispute that the investigation is concluded with the chargesheet filed against both the accused persons. It is informed to the Court, in course of hearing, by Mr. Panda, learned counsel for the petitioner that the accused is having no criminal antecedent and a first time offender.

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Having regard to the above facts and submissions of the learned counsel for the respective parties and since the investigation is over and the petitioner having no past criminal history as claimed, the Court is inclined to release him on bail subject to the following conditions.

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Accordingly, it is ordered.

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In the result, the petition under Section 439 Cr.P.C stands allowed. Consequently, the petitioner is directed to be released on bail in connection with T.R. Case No. 13 of 2023 arising out of Kosagumuda P.S. Case No. 78 of 2023 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned Sessions Judge-cum-Special Judge, Nabarangpur, who shall have the liberty to impose such other suitable conditions as deemed necessary in the facts and circumstances of the case. It is further directed that such release of the petitioner shall be subject to absence of any criminal antecedent of similar nature against him.

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The BLAPL is accordingly disposed of.

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

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(R.K. Pattanaik) Judge

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Signature Not Verified

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Digitally Signed Signed by: BALARAM BEHERA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 16-May-2024 16:26:31

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Roma Mali v. State of Odisha

Case brief

What is this about?

What did the court decide?

Roma Mali v. State of Odisha

Case brief

What is this about?

What did the court decide?

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