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2025 DAILYLAW 49006 (ORI)

CHHATISH MAHATO v. STATE OF ODISHA

BLAPL/7766/2025 · 2025-08-18

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7766 of 2025 Chhatish Mahato & Anr. … Petitioners Mr. A.P. Bose, Advocate -versus- State of Odisha … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 18.08.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS Act by the petitioners for grant of bail in connection with Mohana PS Case No.169 of 2021 corresponding to GR Case No.97 of 2021 pending in the Court of learned Addl. Sessions Judge-cum-special Judge, Paralakhemundi, Gajapati for commission of offences punishable U/S. 20 (b) (ii) (C)/25/29 of the NDPS Act, on the allegation of transporting 132Kgs of Contraband Ganja in a Tata Manza Car bearing Regd. No.WB-06-C-6972. 3. Heard, Mr. A.P. Bose, learned counsel for the petitioners and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. 4. It is not in dispute that the co-accused Santosh Sahani has been granted bail by the Apex Court in Special Leave to Appeal (Crl.) No.4407 of 2025 by observing inter alia:- p. 2 “Having considered the submissions made by the learned counsel for the parties and the period of incarceration which is more than three years and eight months and the trial may take some time to conclude.” 5. In such view of the matter and trial having not concluded even thereafter with custody of the petitioner commencing from 06.09.2021, this Court considers that the conditions of Section 37 of NDPS Act may be dispensed with for the petitioners at this stage. 6. For the reason stated hereinabove and regard being had to the pre-trial detention of the petitioners in custody and grant of bail to co-accused Santosh Sahani by Apex Court, this Court without expressing any view on merit admit the Petitioners to bail. 7. Hence, the bail application of the petitioners stand allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it. 8. Accordingly, the BLAPL stands disposed of. 9. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Jayakrushna