Md. Irfan @ Md. Irfan Alam @ Sunny v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9165 of 2022 MD. Irfan @ MD. Irfan Alam @ Sunny ....

Petitioner Mr. P.K. Nayak, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

25.11.2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in Special G.R. Case No.11 of 2022, pending in the file of learned 1st Additional Sessions Judgecum-Special Judge, Rourkela, arising out of Plantite P.S. Case No.78 of 2022, for commission of alleged offences under Sections 21(c)/29/25 of NDPS Act read with Section 25 of Arms Act and is in custody since 28.02.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Additional Sessions Judge-cumSpecial Judge, Rourkela by order dated 07.09.2022 in the aforementioned case, the present BLAPL has been filed. 5.

It is submitted by the learned counsel that the petitioner is in custody since 28.02.2022 and charge sheet has already been filed

on 25.08.2022. It is also submitted that one of the co-accused have been released on bail by this Court by order dated 22.09.2022 in BLAPL No.3609 of 2022. Hence, he seeks release of the petitioner, inter alia, on the ground of parity.

6.

Learned counsel for the State on the basis of recitals in the Case Diary submits that contraband seized from the possession of the petitioner is beyond the commercial quantity. 7.

Taking note of the same, this Court is not persuaded to allow this bail application keeping in view the rigors of Section 37 of the NDPS Act.

8.

Ex-facie the co-accused released is not similarly circumstanced.

9.

Accordingly, the BLAPL stands rejected.

(V. NARASINGH) Judge Santoshi