Back
ORISSA HIGH COURT
SOMA PADIAMI – Appellant
Versus
STATE OF ODISHA – Respondent
BLAPL/13107/2022
BAIL - NDPS ACT - SECTION 37 - PARITY - CO-ACCUSED RELEASED ON BAIL - NO CRIMINAL ANTECEDENTS
Fact of the Case:
The petitioner was arrested in connection with a case under the NDPS Act. His co-accused was released on bail. The petitioner filed a bail application, arguing that he should be released on bail on the ground of parity.
Finding of the Court:
The court noted that the petitioner's implication was based on the statement of the co-accused. The court also noted that the petitioner had no criminal antecedents.
Issues: Whether the petitioner should be released on bail on the ground of parity.
Ratio Decidendi: The court held that the petitioner should be released on bail on the ground of parity, as the co-accused had been released on bail and the petitioner had no criminal antecedents.
Final Decision: The court directed the petitioner to be released on bail on such terms to be fixed by the court in seisin over the matter.
Page 1 of 2
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 13107 of 2022
Soma Padiami & Antother
Petitioners
Mr. Prasanta Kumar Nanda, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER
06.01.2023
01.
1.
Heard learned counsel for the petitioners and learned
counsel for the State.
2.
The petitioner is an accused in connection with T.R. Case
No.179 of 2020, pending in the Court of learned Sessions Judge-
cum-Special Judge, Malkanagiri, arising out of Kalimela P.S. Case
No.174 of 2020, for alleged commission of offences under Sections
20(b)(ii)(c) of 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,
Malkanagiri by order dated 14.11.2022 in the aforementioned case,
the present BLAPL has been filed.
4.
It is submitted by the learned counsel for the petitioner that
the co-accused has been released on bail by order dated 01.02.2022
in BLAPL No.111 of 2022. Hence on the ground of parity, he may
be released on bail.
Page 2 of 2
5.
Learned counsel for the State opposes the prayer relying
on the bar contain in under Section 37 of the NDPS Act.
6.
Prima facie it seems that the implication of the petitioner is
on account of co-accused statement.
7.
Taking into account the nature of implication and release
of the co-accused person, this Court directs the petitioner to be
released on bail on such terms to be fixed by the Court in seisin
over the matter.
8.
Before releasing the petitioner on bail, learned Court in
seisin is called upon to verify the criminal antecedents of the
petitioner. If it comes to the fore that the petitioner has any
antecedent of similar nature, this order shall stand recalled.
9.
Accordingly, the BLAPL stands disposed of.
10.
Urgent certified copy of this order be granted as per rule.
(V. NARASINGH)
Judge
Sipun
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
