Khandu Pradhan Vs State Of Orissa

V. Narasingh, J

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

The Petitioner is an accused in C.T. Case No.62 of 2023 pending on the file of learned Special Judge-cum-Addl. Sessions Judge, Baliguda, arising out of Balliguda P.S. Case No.140 of 2023 for commission of the offence under Sections 20(b)(ii)C of the N.D.P.S Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Special Judge, Balliguda, by order dated 22.12.2023 in the aforementioned case, the present BLAPL has been filed.

Earlier bail application of the Petitioner was rejected by order dated 18.12.2023 in BLAPL No.13046 of 2023, inter alia, taking into account that the Petitioner has two criminal antecedents.

It is submitted by the learned counsel that the Petitioner seeks interim release on account of illness of his wife.

On perusal of the impugned order it is seen that the documents evidencing such illness was not placed before the learned Court in seisin for consideration.

Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of the N.D.P.S Act.

Taking note of the same, BLAPL stands disposed of giving liberty to the Petitioner to renew his prayer before the learned Court in seisin on merits as well as seeking interim bail on account of illness of his wife.

The documents on which the Petitioner relies on shall be placed before the learned Court in seisin and if such an application is filed, the same shall be heard and disposed of on the materials on record without being influenced by the earlier order passed.

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