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Judgment
12 paragraphs · 403 wordsR.K. Pattanaik, J
1.Heard learned counsel for the petitioner and State.
Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with 2(a) CC Case No.149 of 2023 pending in the file of learned District and Sessions Judge-cum-Special Judge, Cuttack corresponding to District Mobile Excise EI & EB Unit-II, Cuttack P.R. Case No.479 of 2023 on the grounds stated therein.
Learned counsel for the petitioner submits that another accused, namely, Karmajit Pattanayak is on bail by the Court’s order dated 19th December, 2023 in BLAPL No.13789 of 2023 and since the present accused is on similar footing, he should therefore be extended the same relief and released subject to conditions.
The bail order in BLAPL No.13789 of 2023 is at Flag-A.
Gone through a copy of the FIR i.e. Annexure-1.
It is fairly admitted by the learned counsel for the petitioner that the petitioner is having one more criminal case to his credit but is on not of similar nature. From the FIR i.e. Annexure-1, it is made to reveal that 112 grams of heroin was recovered from the accused persons. It is claimed that the petitioner is a first time offender in so far as the offence is concerned. Recording such submission of learned counsel for the petitioner and taking into account release of another accused named above, the Court is of the considered view that parity should be extended with a direction to the learned Sessions court to verify the criminal antecedent before his release.
Accordingly, it is ordered.
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 2(a) CC Case No.149 of 2023 arising out of District Mobile Excise EI & EB Unit-II, Cuttack P.R. Case No.479 of 2023 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties for the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Cuttack, who shall impose such other conditions as deemed fit and necessary. It is further directed that such release of the petitioner shall be subject to verification and absence of any criminal antecedent of similar nature against him.
The BLAPL is disposed of.
Urgent certified copy of this order be granted as per rules and in course of the day.
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