Sujit Sahu v. State of Odisha
Case brief
What is this about?
Pre-arrest/anticipatory bail; NDPS Act, Sections 20(b)(ii)(B) and 37(1)(b)(ii); ganja quantity approx. 5 kgs, well below commercial quantity; implication allegedly on account of co-accused statement; Tofan Singh vrs. State of Tamil Nadu, (2021) 4 SCC 1, cited by Petitioner's counsel; State opposed on perusal of Case Diary; conditional direction for release on bail upon surrender within three weeks; release subject to verification of criminal antecedents; order inoperative if antecedents found; cooperation with ongoing investigation; pending before Additional Sessions Judge-cum-Special Judge, Kantamal (C.C Case No.31 of 2024, arising out of P.R. Case No.98 of 2024-25); ABLAPL disposed of.
What did the court decide?
Conditional pre-arrest bail direction: release on bail upon surrender within three weeks and moving for bail, on terms deemed just and proper by the learned Court in seisin, subject to verification of criminal antecedents; the order is not to be given effect if any criminal antecedent surfaces; the Petitioner is to cooperate with the ongoing investigation.