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ORISSA HIGH COURT
BISWAJIT MALLIK – Appellant
Versus
STATE OF ODISHA – Respondent
BLAPL/11285/2022
BAIL - NDPS ACT - PARITY - CRIMINAL ANTECEDENT
Fact of the Case:
The petitioner was arrested for alleged offences under Sections 20(b)(ii)C/27-A & 29 of the NDPS Act. His bail application was rejected by the trial court. He filed a bail application before the High Court, seeking release on the ground of parity with a co-accused who had been granted bail earlier.
Finding of the Court:
The High Court noted that the petitioner had a criminal antecedent of a similar nature. Considering the quantity of contraband and the petitioner's criminal history, the court held that the rigors of Section 37 of the NDPS Act applied.
Issues: Whether the petitioner should be granted bail on the ground of parity, despite having a criminal antecedent of a similar nature.
Ratio Decidendi: The court held that the petitioner's criminal antecedent outweighed the ground of parity. The court also noted that the petitioner had been in custody since 08.01.2021 and directed the trial court to expedite the trial and conclude it within six months.
Final Decision: The High Court dismissed the bail application.
Page 1 of 2
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 11285 of 2022
Biswajit Mallik
….
Petitioner
Mr. R.L. Pattnaik, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. K.K. Gaya, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER
03.01.2023
02.
1.
Heard learned counsel for the petitioner and learned
counsel for the State
2.
The petitioner is an accused in T.R. Case No.96 of 2020,
pending in the Court of the learned Sessions Judge-cum-Special
Judge, Malkangiri, arising out of Orkel P.S. Case No.151 of 2020
for commission of alleged offences under Sections 20(b)(ii)C/27-A
& 29 of the NDPS Act.
3.
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 28.10.2022 in the aforementioned case,
the present BLAPL has been filed.
4.
Perused the order of rejection.
5.
Learned counsel for the petitioner submits that one of the
co-accused has since been released on bail by this Court by order
dated 28.02.2022 in BLAPL No.6400 of 2021. Hence, seeks release
inter alia on the ground of parity.
Page 2 of 2
6.
On perusal of the said order, it is seen that this Court while
directing release had specifically called upon the learned Court
below to verify the criminal antecedent of similar nature.
6.
Learned counsel for the State opposes the prayer for bail.
7.
Taking into account the quantity of contraband and in view
of the criminal antecedent, as noticed in the order of rejection,
keeping in view the rigors of Section 37 of the NDPS Act, this
Court is not inclined to entertain this application at this stage.
8.
It is stated that the petitioner is in custody since
08.01.2021, the learned Court in seisin is called upon to expedite
the trial and conclude the same within a period of six months from
the date of receipt/production of copy of this order.
9.
In the event, trial is not concluded within the time as
stipulated, it shall be open to the petitioner to renew his prayer
before the learned Court in seisin which shall be considered on its
own merit.
10.
Registry is requested to communicate this order.
11.
Accordingly, the BLAPL stands disposed of.
12.
Urgent certified copy of this order be granted as per rules.
(V. NARASINGH)
Judge
Santoshi
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