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2026 DAILYLAW 4579 (ORI)

JOHAN DIGAL v. STATE OF ODISHA

ABLAPL/1483/2026 · 2026-03-16

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1483 of 2026 Johan Digal …. Petitioner Mr. A.K. Tarai, Advocate -Versus- State of Odisha …. Opposite Party Mr. S.Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 16.03.2026 01. 1. Heard learned counsel for the petitioner and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Phiringia P.S. Case No.138 of 2015 corresponding to G.R. Case No.149 of 2015 pending in the court of learned District and Sessions Judge-cum-Special Judge, Kandhamal, Phulbani on the grounds stated. 3. Perused the FIR as at Annexure-1. The petitioner had earlier approached this Court in 2016 and thereafter in 2023 and his plea for pre-arrest bail was not entertained. Learned counsel for the State submits that the chargesheet is already filed showing the petitioner as an absconder in connection with the incident leading to recovery of commercial quantity of contraband Ganja. It is also informed to the Court that the co- accused persons after being arrested have been released on bail in the meantime. Considering the submission as above and plea of the petitioner, this Court is not inclined to reconsider the grant of pre-arrest bail but is of the view that the petitioner should be granted to surrender before the learned court below seeking regular bail pleading parity. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioner surrenders before the learned District and Sessions Judge-cum-Special Judge, Kandhamal, Phulbani in connection with Phiringia P.S. Case No.138 of 2015 corresponding to G.R. Case No.149 of 2015 within a fortnight from today and moves regular bail, it shall be considered and disposed of on the same day dealing with the plea of parity, as is claimed. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge TUDU