High CourtsSingle Bench

Shankar Baishnab vs State Of Odisha

Orissa High Court · Decided on 1 December 2023 · Citation: (2023) 12 OHC CK 0002

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(c), 27A, 29
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 12660 Of 2023
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Judgment

11 paragraphs · 247 words

V. Narasingh, J

1.

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

2.

The petitioner is an accused in connection with Spl. G.R. Case No. 169 of 2023, pending before the Court of the learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Kalimela P.S. Case No.198 of 2023 for alleged commission of offences under Section 20(b)(ii)(c)/27A/29 of NDPS Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Malkangiri by order dated 31.10.2023 in the aforementioned case, the present BLAPL has been filed.

4.

The instruction relating to health condition of the mother of the Petitioner received by the learned counsel for the State from IIC, Kalimela P.S. is taken on record.

5.

Taking into account the health condition of the Petitioner, this Court on humanitarian grounds, directs him release on interim bail for a period of four weeks from the date of such release. Learned Court in seisin shall fix the terms.

6.

Additionally, it is directed that during currency of the interim bail period, the Petitioner shall appear before the jurisdictional police station once a week on such date and time to be fixed by the learned Court in seisin, and shall attend the trial on the date fixed.

7.

On expiry of the interim bail period, the Petitioner shall surrender.

8.

List the BLAPL on 04.01.2024.

9.

Urgent certified copy of this order be granted in course of the day.

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