High CourtsSingle Bench

Budhu Parida vs State Of Odisha

Orissa High Court · Decided on 3 November 2023 · Citation: (2023) 11 OHC CK 0033

HON’BLE JUDGES
R.K. Pattanaik, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 11861 Of 2023
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

11 paragraphs · 291 words

R.K. Pattanaik, J

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

Instant petition under Section 439 of Cr.P.C. is filed for release of the petitioner on bail in connection with Khurda Road GRP PS Case No.86 of 2023 corresponding to T.R. Case No.469 of 2023 pending in the file of learned District and Sessions Judge-cum-Special Judge, Khurda at Bhubaneswar on the grounds sated therein.

3.

Learned counsel for the petitioner submits that the co-accused, namely, Shusama Nahak is on bail by this Court’s order in BLAPL No.11314 of 2021 and considering the fact that less than commercial quantity of contraband Ganja was shown to have been recovered and seized, he should as well be enlarged on bail on similar terms and conditions.

4.

Objection of the State is recorded.

5.

Having regard to the above facts and release of the co-accused and that the petitioner appears to be on similar footing and that apart, meagre quantity of contraband Ganja was seized, the Court is inclined to release the petitioner on bail as well.

6.

Accordingly, it is ordered.

7.

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 Khurda Road GRP PS Case No.86 of 2023 corresponding to T.R. Case No.469 of 2023 on him furnishing a bail bond of Rs.10,000/-(rupees ten thousand) with one solvent surety for the like amount to the satisfaction of the learned District and Sessions Judge-cum-Special Judge, Khurda at Bhubaneswar, who shall impose such other conditions as deemed just and proper in the facts and circumstances.

8.

The BLAPL is disposed of.

9.

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

…………………………..