Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 15664 (ORI)

CHAITANYA DIGAL v. STATE OF ODISHA

BLAPL/2941/2026 · 2026-05-14

Sibo Sankar Mishra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2941 of 2026 Chaitanya Digal …. Petitioner Mr. Saroj Kumar Padhi, Advocate -versus- State of Odisha …. Opp. Party Ms. Suvalaxmi Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 14.05.2026 I.A. No.257 of 2026 02. 1. The petitioner is an accused in connection with Jatani Excise P.S. Case No.173 of 2025-2026 corresponding to T.R. Case No.96 of 2026 registered for the alleged commission of the offences punishable under Section 20(b)(ii)(C) of the N.D.P.S. Act, pending in the Court of the learned District & Sessions Judge, Khurda at Bhubaneswar. The petitioner had approached the learned District & Sessions Judge, Khurda at Bhubaneswar in T.R. No.96 of 2026 praying for grant of bail. The learned Court below vide its order dated 19.02.2026 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail. Page 2 of 4 2. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 3. The prosecution case as per F.I.R. is that on 06.02.2026 at about 10.30 A.M., when the Excise Officers were performing patrolling duty, they got information from reliable source that the petitioner was transporting ganja in a white colour Hyundai Creta Car bearing Registration No.OD-15-S-0016. Immediately, the Excise officers rushed to the spot and apprehended the petitioner and on verification, they seized 66 kgs. of ganja from him. Hence, the case. 4. Although, the petitioner has filed the present petition assailing the order dated 19.02.2026, whereby the learned trial Court has rejected his regular bail application, but during pendency of the regular bail application, the present I.A. has been filed seeking interim bail for a period of two months on the ground that his wife is terminally ill. On 01.05.2026, a direction was issued to the learned State Counsel to verify the authenticity of the documents filed with the I.A. 5. Ms. Suvalaxmi Devi, learned Additional Standing Counsel appearing for the State, on instruction, submits that, wife of the petitioner is heavily pregnant and the delivery is scheduled to 29.05.2026. But the verification of the documents filed with the I.A. has not been done. 6. Regard being had to the aforementioned, it would be appropriate that the trial Court shall verify the authenticity of the documents filed and the averments made in the I.A. and shall release the petitioner on interim bail for the period as deem fit and proper with the terms and conditions as deem just and proper to be imposed by the learned trial Court. After expiry of the interim bail period granted by the learned trial Court, the petitioner shall surrender. Violation of any of the bail conditions imposed by the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of interim bail granted by the Court. If such application is filed, the trial Court should decide the application on its own merit. 7. The I.A. is accordingly disposed of. Page 4 of 4 Subhasis 8. In so far as the regular bail application is concerned, the same is not entertained at this stage. However, liberty is granted to the petitioner to renew his regular bail application before the trial Court on surrendering after completion of the interim bail period to be granted by the learned trial Court. 9. With the aforementioned observation, the BLAPL is disposed of. (S.S. Mishra) Judge Designation: Personal Assistant Location: High Court of Orissa, Cuttack.