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1907 DAILYLAW 3 (ORI)

NARASINGH MADHI v. STATE OF ODISHA

ABLAPL/1907/2026 · 2026-04-07

R K Pattanaik

body1907

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 1907 of 2026 Narasingh Madhi and another …. Petitioners Mr. N. Panda, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. N. Das, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 07.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioners in connection with P.R. No.11 of 2020-2021 corresponding to T.R. No.120 of 2020 pending in the file of learned Sessions Judge-cum-Special Judge, Malkangiri on the grounds stated. 3. The bail plea vis-à-vis petitioner No.1 is not-pressed, as according to Mr. Panda, learned counsel appearing for the petitioners, he has already been arrested in the meantime. With respect to petitioner No.2, it is submitted that he is not involved in the alleged transportation of contraband Ganja but shown as an absconder in the P.R. i.e. Annexure-1, hence, he should be differently treated. Recorded the objection of the State. The Court finds from the record that petitioner No.2 had earlier approached this Court in ABLAPL No.16801 of 2021 disposed of on 27th January, 2022 denying him bail but with a direction to surrender before the learned court below seeking regular bail. In view of the earlier rejection order, this Court is not inclined to reconsider the plea of pre-arrest bail, however, is of the view that the petitioner is at liberty to surrender before the learned court below seeking bail pleading parity for its consideration on merit and disposal according to law. 4. Hence, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the learned court below within a fortnight from today and moves an application for bail in connection with P.R. No.11 of 2020-2021 corresponding to T.R. No.120 of 2020, it shall be entertained and disposed of by learned Sessions Judge- cum-Special Judge, Malkangiri considering the plea of parity. 6. List on the date fixed for further orders. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer