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2025 DAILYLAW 45366 (ORI)

BASANTA PADIAMI v. STATE OF ODISHA

BLAPL/6659/2024 · 2025-02-24

R K Pattanaik

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 6659 of 2024 Basanta Padiami …. Petitioner Mr. R.L. Pattnaik, Advocate -Versus- State of Odisha …. Opposite Party Mr. P.K. Ray, AGA And BLAPL No. 10825 of 2024 Syad Layeeq …. Petitioner Mr. Abhas Mohanty, Advocate -Versus- State of Odisha …. Opposite Party Mr. P.K. Ray, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 24.02.2025 05. 1. Both the bail petitions since arise out of Malkangiri P.S. Case No. 416 of 2024 corresponding to G.R. Case No. 111 of 2024 pending in the file of learned Sessions Judge, Malkangiri, the same are disposed of by the following common order. 2. Heard Mr. Pattnaik, learned counsel for the petitioner in BLAPL No. 6659 of 2024, Mr. Mohanty, learned counsel for the petitioner in BLAPL No. 10825 of 2024 and Mr. Ray, learned AGA for the State. 3. Upon considering the FIR as at Annexure-1, the Court finds that one Basant Kumar Mohanty was nabbed at the spot and he said to have confessed the involvement of the co-accused, namely, Basanta Padiami and revealed the source and manner of procurement. As far as the other accused, namely, Syad Layeeq is concerned, he happens to be the driver of the Pick-up van intercepted by the police. 4. The submission of learned counsels for the petitioners is that involvement of the accused, namely, Basanta Padiami is on the strength of confessional statement of co-accused, namely, Basanta Kumar Mohanty, who is in custody at present. The claim is that said accused was not travelling in the Pick-up van, rather alleged to be escorting the same in a Motorcycle and was intercepted near the spot. As far as the co-accused, namely, Syad Layeeq is concerned, he claimed to be found in the Pick-up van as a driver. The quantity of contraband Ganja seized from the vehicle in question is 110 Kgs. Though, it is claimed by co-accused, namely, Basanta Kumar Mohanty about the involvement of the petitioner in BLAPL No. 6659 of 2024 as a co-partner in dealing with contraband Ganja and the fact that, other accused, namely, Syad Layeeq, who is petitioner in BLAPL No. 10825 of 2024, claimed to be the driver and considering such materials collected against them and for the fact that the investigation is concluded with submission of chargesheet, the Court is inclined to direct their release on bail with stringent conditions. Page 3 of 3 5. Hence, it is ordered. 6. In the result, the petitions under Section 483 BNSS stand allowed. Consequently, the petitioners are directed to go on bail in connection with G.R. Case No. 111 of 2024 arising out of Malkangiri P.S. Case No. 416 of 2024 subject to them furnishing bail bonds of Rs.50,000/-(rupees fifty thousand) each with one solvent surety each for the like amount to the satisfaction of the learned Sessions Judge, Malkangiri, who shall be at liberty to impose such other suitable conditions besides the following, such as, they shall report at the P.S. once in a week, if in case the investigation is not yet over. 7. The BLAPLs are disposed of. 8. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge GDS Designation: JOINT REGISTRAR-CUM-PRINCIPAL SECRETARY