Laba Pangi vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in Special G.R Case No.45 of 2022 pending on the file of learned Sessions Judge-cum-Special Judge, Malkangiri arising out of Chitrakonda P.S. Case No.33 of 2022 for commission of the alleged offence under Section 20(b)(ii)(C)/25 of the N.D.P.S Act.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge-cum-Special Judge, Malkangiri by order dated 15.12.2022 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 19.02.2022 on the accusation of transportation of contraband (ganja) to the tune of 352 Kg. 800 grams along with co-accused.

On the ground of tardy progress in trial, the Petitioner seeks release.

A report was called for from the learned Court in seisin. In the report dated 29.11.2023, it is stated thus:

“….that the accused person namely Laba Pangi along with other accused persons was apprehended on 20.02.2022 for the offence committed U/s. 20(b)(ii)(C)/25 of N.D.P.S Act and out of seventeen charge sheeted witnesses one witness is expired and two witnesses have already been examined by the prosecution and the case is expected to be disposed of by the end of 2nd quarter, 2024. Now the case stands posted to 30.11.2023 for hearing.”

It is the further submission of the learned counsel for the Petitioner that the Petitioner is the first offender and since co-accused (Arjun Sisa) has already been released on bail by this Court by order dated 03.10.2023 in BLAPL No.2776 of 2023, he seeks release, inter alia, on the ground of parity.

Learned counsel for the State, on the other hand, submits that the Petitioner is not similarly circumstanced with the said co-accused and there are materials on record to indicate that he is involved in transportation of the contraband (ganja) to the tune of 352 Kg. 800 grams.

Taking into account that the Petitioner is in custody since 19.02.2022 and trial is progressing at snail’s pace and the report of the learned Court in seisin, adverted to hereinabove and keeping in view the doctrine of parity as held by the Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation and another, (2022) 10 SCC 51, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

Before releasing, learned Court in seisin is called upon to verify criminal antecedent of the Petitioner. If it comes to fore that the Petitioner has any criminal antecedent, this order shall not given effect to.

The BLAPL thus stands disposed of.

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

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