Allowed

Subhransu Nag v. State of Odisha

Orissa HC11 Mar 2019BLAPL/96/2019

Case brief

AI extract

What is this about?

The High Court, noting a failure to expedite the trial in an N.D.P.S. case despite a prior direction and due to the non-functioning of local courts in Sambalpur, granted interim bail to petitioners for two months.

What did the court decide?

The petitioner was released on interim bail for a period of two months from the date of release on terms to be determined by the learned court in seisin.

Subhransu Nag Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2019)

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BLAPL No. 96 of 2019

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11.03.2019 Heard learned counsel for the petitioners and learned counsel for the State.

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This is an application under section 439 Cr.P.C. for grant of bail to the petitioners in connection with Rairakhol P.S. Case No.146 of 2017 corresponding to T.R. Case No.86 of 2017 pending in the Court of learned Sessions Judge -cum- Judge (Special Court), Sambalpur for offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act.

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Learned counsel for the petitioners submitted that the petitioners are in judicial custody since 02.09.2017 and their earlier bail application in BLAPL No.7889 of 2017 was disposed of on 29.06.2018 and while rejecting the application for bail, it was directed to the learned trial Court to expedite the trial and if possible, to conclude the same within a period of six months from the date of receipt of this Court. It was further directed that the petitioners may renew their prayer for bail after examination of the material witnesses in the trial Court. It is submitted that in spite of passing of such order, there is no progress in the trial and the local lawyers of Sambalpur bar are on cease work and the Courts at Sambalpur are not functioning and therefore, the petitioners may be granted at least interim bail.

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Learned counsel for the State opposed the prayer for bail.

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Considering the submissions made by the learned

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counsel for the respective parties and the period of detention of the petitioner in judicial custody, since the earlier direction of the this Court in BLAPL No.7889 of 2017 has not been complied with and taking into account the situation which is prevailing in the Court at Sambalpur, I am inclined to release the petitioner on interim bail for a period of two months from the date of release.

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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.

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The BLAPL is accordingly disposed of.

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Urgent certified copy of this order be granted on proper application.

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………………… S.K.Sahoo,J.

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Subhransu Nag v. State of Odisha

Case brief

What is this about?

What did the court decide?

Subhransu Nag v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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