TOFAN KANHAR @ TOPHA KANHAR @ TAPHAN KANHAR v. STATE OF ODISHA
ABLAPL/964/2025 · 2025-01-31
Aditya Kumar Mohapatra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12446 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12446 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.964 of 2025 Tofan Kanhar @ Topha Kanhar @ Taphan Kanhar ..... Petitioner
Represented By Adv. - Amlan Shakti Paul -versus- State Of Odisha ..... Opposite Party
Represented By Adv. – Mr.Samaresh Jena, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order No.
ORDER 03.02.2025
02.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner and learned Addl. Government Advocate for the State. Perused the records.
3. This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 20(b)(ii)(C)/25/29 of NDPS Act in C.T. Case No.52 of 2023 of the Court of learned Special Judge, Kandhamal & Phulbani arising out of Phiringia P.S.Case No.45 of 2023.
4. Earlier the petitioner had approached this Court by filing the ABLAPL No.4892 of 2024 which was disposed of vide order dated
04.07.2024. Learned counsel for the petitioner submitted since the name of the petitioner as well as his father, as mentioned in the bail application, varies from the police record, the present bail application has been filed.
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5. However, it is observed that the Petitioner, if so advised, may surrender before the learned Special Judge, Kandhamal & Phulbani, in the aforesaid case within four weeks from today. In the event the Petitioner surrenders and moves for bail within the aforesaid period, learned Special Judge, Kandhamal & Phulbani, shall do well to dispose of the bail application of the Petitioner on the same day on merit in accordance with law. Further, while considering the bail application of the Petitioner, learned Court in seisin over the matter shall apply the principles of parity and the law laid down by the Hon’ble Supreme Court of India in Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1 and order dated 10.01.2022 in the matter of State by (NCB) Bengaluru Vs. Pallulabid Ahmad Arimuta and another (Special Leave to Appeal (Criminal) No.242 of 2022). The case diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner.
6. The ABLAPL is disposed of accordingly.
7. Urgent certified copy of this order be granted as per rules.
( A.K. Mohapatra)
Judge Rubi