The Hon'ble Court granted interim bail to the petitioner in a narcotics case for four months, considering the trial's non-progress due to local bar members observing cease-work and the petitioner's prolonged judicial custody.
Interim bail granted for a period of four months from the date of release on such terms and conditions as the trial court deems proper.
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BLAPL No.461 of 2019
This is an application under section 439 Cr.P.C. in connection with G.R. Case No.284 of 2016 arising out of Patnagarh P.S. Case No.100 of 2016 pending in the Court of learned Addl. Sessions Judge, Patnagarh for offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Patnagarh which was rejected on 02.09.2016.
Learned counsel for the petitioner submits that the petitioner is in judicial custody since 25.05.2016 and while rejecting the earlier bail application in BLAPL No. 4430 of 2017, direction was issued to the learned trial Court to conclude the trial by the end of October 2018. He further submits that local bar members are on cease work at Patnagarh and they are not co-operating with the trial of the cases and therefore, there is no progress of the trial. The Registrar, Administration was asked to report relating to the position of the trial in the Courts at Patnagarh and he has reported that no trial is going on as the learned members of bar are observing cease work. They are only doing urgent works such as bail, first appearance of accused persons etc.
Learned counsel for the State opposes the prayer for bail and submits that the petitioner is a man from
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Chhattisgarh and once he is released on bail, it would be difficult to ensure his attendance at the time of trial.
Considering the submissions of learned counsel for the respective parties, the nature of accusation against the petitioner, the period of detention of the petitioner in judicial custody and taking into account the non-progress of the trial due to non-cooperation of the bar members, while not inclining to release the petitioner on bail on merit, I am inclined to grant interim bail to the petitioner for a period of four months from the date of his release.
Let the petitioner be released on bail in the aforesaid case on such terms and conditions as the learned Court in seisin over the matter may deem just and proper. The learned Court shall insist for local solvent sureties.
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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3 issues framed by the court
Whether the petitioner should be granted interim bail considering the non-progress of the trial due to non-cooperation of bar members.
Whether the prolonged detention of the petitioner warrants the grant of interim bail on humanitarian grounds.
Whether the local bar members' cease-work order justifies delaying the conclusion of the trial.
2 provisions across 2 enactments
Petitioner
State
S. K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
