Joseph Kandhapan vs State of Odisha

S.K. Panigrahi, J

The matter is taken up through video conferencing mode.

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

This is an application under Sections 397 and 401 read with Section 482 of the Cr.P.C.

In this criminal revision, the petitioner challenges the order dated 07.12.2021, arising out of Boriguma P.S. Case No.91 of 2018 corresponding to

T.R. Case No.23 of 2018 pending in the court of learned Sessions Judge-cum-Special Judge, Koraput at Jeypore rejection his bail petition under

Section 167(2) of the Cr.P.C.

Learned counsel for the petitioner submits that since the charge-sheet has been filed after the statutory period, he has a right to the benefit of

default bail as has been enshrined in the Section 36-A(4) of the NDPS Act read with Section 167(2) of the Cr.P.C. He further submits that the

charge-sheet has been filed within a period of 180 days without serving a notice on the petitioner. Moreover, similarly situated persons have been

granted default bail, whereas the petitioner has been discriminated. Therefore, he prays that the impugned order may be quashed.

It is seen from the record that the petitioner was granted interim bail by this Court but he misused the liberty and remained absconding for about

three years. Therefore, he is not entitled to bail. Hence, the order dated 07.12.2021 passed by the learned Special Judge, Koraput in T.R. Case No.23

of 2018 is correct and requires no interference.

Accordingly, the CRLREV is rejected.

As the restrictions due to resurgence of Covid-19 are continuing, learned counsel for the parties may utilize a print out of the order available in the

High Court’s website, at par with certified copy, subject to attestation by the Advocate concerned with his/her seal, in the manner prescribed vide

Court’s Office Order dated 7th January, 2022.

..............................................