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2025 DAILYLAW 36239 (ORI)

SAYAMAT KHAN @ TIKI v. STATE OF ODISHA

BLAPL/4954/2024 · 2025-01-13

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4954 of 2024 Sayamat Khan@Tiki …. Petitioner Mr. T. P. Mohapatra, Advocate Versus- State of Odisha …. Opposite Party Mr. P.K. Ray, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 13.01.2025 06. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with Spl. G.R. Case No.128 of 2023 now corresponding to T.R. No.22 of 2024 pending in the file of learned Special Judge, Puri arising out of Puri Dist. Mobile, Puri P.R. No.213 of 2023-24 on the grounds stated therein. 3. Perused the F.I.R. as at Annexure-1 and the rejection order i.e. Annexure-2. It is informed to the Court that the final P.R. was submitted in the month of February, 2024 and charge is framed in the meantime but trial has not commenced. It is submitted that slightly above commercial quantity of heroine was shown to have been recovered from the accused. Considering the length of custody since the date of arrest, it is submitted that the petitioner should be allowed to go on bail subject to any conditions but the same is objected to by Mr. Ray, learned AGA for the State on the ground that commercial quantity of contraband substance was recovered and seized. 4. In course of hearing, it is claimed that the petitioner is having no other criminal antecedent of similar nature. Having regard to the above facts and submissions of learned counsel for p. 2 both the sides and since the final P.R. was filed in February, 2024 and as of now, the trial has not commenced, though the charge is framed against the petitioner, who is a local resident and to have no other antecedent of similar kind, the Court is of the view that he should be allowed to go on bail subject to conditions, which are as follows. 5. Hence, it is ordered. 6. In the result, petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to go on bail in connection with Spl. G.R. Case No.128 of 2023 corresponding to T.R. No.22 of 2024 arising out of Puri Dist. Mobile, Puri P.R. No.213 of 2023-24 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of learned Special Judge, Puri, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. The Court further directs that such release of the petitioner shall be upon verification and absence of criminal antecedent of similar nature against him. 7. The BLAPL is disposed of. 8. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge Balaram