The court granted interim bail for two months to the petitioner in an NDPS case (Section 20(b)(ii)(C)) where the lower court failed to comply with an order to expedite the trial within four months.
Petitioner released on interim bail for a period of two months on such terms as the trial court deems just and proper.
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BLAPL No. 1181 of 2018
This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Phiringia P.S. Case No.87 of 2015 corresponding to G.R. Case No.100 of 2015 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Phulbani for offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act.
Learned counsel for the petitioner submits that while rejecting the earlier bail application of the petitioner in BLAPL No.6987 of 2017 as per order dated 10.11.2017, direction was given to the learned trial Court to expedite the trial and if possible, to conclude the trial within a period of four months from the date of receipt of the order but the said order has not been complied with and even the prosecution evidence is not closed. He further submitted that the independent witnesses examined during trial have not supported the prosecution case and therefore, the petitioner may be granted interim bail.
Learned counsel for the State opposed the prayer for bail.
Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody, the progress of trial and since the earlier order passed in
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BLAPL No.6987 of 2017 has not been complied with, I am inclined to release the petitioner on interim bail for a period of two months from the date of release.
Let the petitioner be released on bail in the aforesaid case on interim bail for the aforesaid period on such terms and conditions as learned Court in seisin over the matter may deem just and proper.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
………………… S.K.Sahoo,J.
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2 issues framed by the court
Whether the petitioner in a narcotics case be granted interim bail considering the non-compliance of the earlier order to expedite trial?
Whether the non-support of independent witnesses by the prosecution case justifies interim bail in the absence of trial conclusion?
2 provisions across 2 enactments
The Petitioner
The State
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
