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Enush Gamang v. State of Odisha

Orissa HC17 Mar 2025BLAPL/766/2025

Case brief

AI extract

What is this about?

Odisha High Court bail order (BLAPL No. 766 of 2025, 17.03.2025, R.K. Pattanaik, J.): release on bail of Enush Gamang & another; ganja seizure marginally above commercial quantity; Berhampur-II Excise Station P.R. No. 153 of 2024-25 / 2(a) C.C. Case No. 58 of 2024(N); custody since 23.12.2024; first-time offenders; final P.R. not filed; bail bond Rs. 30,000/- each with one solvent surety; Sessions Judge-cum-Special Judge, Ganjam, Berhampur.

What did the court decide?

Release of the petitioners on bail in connection with Berhampur-II, Excise Station P.R. No. 153 of 2024-25 / 2(a) C.C. Case No. 58 of 2024(N), upon furnishing a bail bond of Rs. 30,000/- each with one solvent surety for the like amount each, to the satisfaction of the learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur; the trial court left at liberty to impose further conditions.

Enush Gamang Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners should be released on bail in connection with Berhampur-II, Excise Station P.R. No. 153 of 2024-25 / 2(a) C.C. Case No. 58 of 2024(N), given the seizure of marginally above commercial quantity of ganja shown against them.

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Court's answer

Recording the State's objection but noting that no final P.R. had been filed, the Court considered the quantity of ganja seized and the petitioners' custody since 23 December 2024, and resolved to grant them bail.

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Ratio / Principle

The petition stands allowed and the petitioners are directed to be released on bail in connection with the said P.R./C.C. case on furnishing a bail bond of Rs.30,000/- each with one solvent surety for the like amount each, to the satisfaction of the learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur, who may impose such other conditions as deemed just and proper.

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Detailed headnote1 paragraphs

BLAPL allowed — High Court of Orissa at Cuttack (R.K. Pattanaik, J., order dated 17.03.2025) granted bail to Enush Gamang & another, in custody since 23.12.2024, in connection with Berhampur-II, Excise Station P.R. No. 153 of 2024-25 corresponding 2(a) C.C. Case No. 58 of 2024(N) pending before the learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur. A little above commercial quantity of contraband ganja was shown as seized against the petitioners, who were claimed to be first-time offenders; the final P.R. had not been filed. Weighing the quantity seized and the period of custody, the Court allowed the BLAPL, directing release on a bail bond of Rs. 30,000/- (rupees thirty thousand) each with one solvent surety for the like amount each, to the satisfaction of the Special Judge, who was left at liberty to impose such other conditions as deemed just and proper.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.766 of 2025

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Enush Gamang & another

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Petitioners

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Mr. D.Mishra, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. U.R.Jena, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

17.03.2025

Order No.

Heard learned counsel for the petitioners and State.

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Instant petition is filed for release of the petitioners on bail in connection with Berhampur-II, Excise Station, P.R. No. 153 of 2024-25 corresponding 2(a) C.C. Case No.58 of 2024(N)pending in the file of learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur on the grounds stated therein.

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Perused the P.R. as at Annexure-1. In fact, little above commercial quantity of contraband Ganja and its the seizure is shown against the petitioners, who are claimed to be the first-time offender as informed to the Court.

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Recording the objection of Mr. Jena, learned AGA for the State though there is no final P.R. filed, as further informed, the Court, considering the quantity of Ganja seized and the custody of the petitioners from 23^rd December, 2024, is inclined to allow them to go on bail with following conditions.

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Accordingly, it is ordered.

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Page 1 of 2

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In the result, the petition stands allowed. As a necessary corollary, the petitioners are directed to be released on bail in connection with Berhampur-II, Excise Station, P.R. No. 153 of 202425 corresponding 2(a) C.C. Case No.58 of 2024(N) subject to him furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) each with one solvent surety for the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur, who shall be at liberty to impose such other conditions as deemed just and proper in the facts and circumstances of the case.

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