Allowed

Natwar Lal v. State of Odisha

Orissa HC26 Jun 2020BLAPL/10499/2019

Case brief

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What is this about?

The Single Judge granted interim bail for a month to three months pending discharge or final bail order. The applicant, facing charges under the NDPS Act for alleged ganja possession, argued trial delay due to the COVID-19 pandemic. The court refused bail on merits but imposed interim relief.

What did the court decide?

Petitioner released on interim bail for three months by furnishing a bail bond of Rs.50,000 with two local solvent sureties.

Natwar Lal Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2020)

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BLAPL No.10499 of 2019

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Natwar Lal �� Petitioner -VersusState of Odisha �� Opp. Party

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26.06.2020

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The matter is taken up through Video Conferencing.

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Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 439 Cr.P.C. in connection with Koraput Town P.S. Case No. 190 of 2016 corresponding to T.R. Case No.47 of 2016 pending on the file of learned Addl. Sessions Judge –cumSpecial Judge, Koraput for alleged commission of offence punishable under section 20 (b)(ii)(C) of the NDPS Act.

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The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge –cumSpecial Judge, Koraput, which was rejected on 29.11.2019.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 18.10.2016 and his last bail application before this Court in BLAPL No. 6225 of 2019 was rejected on 11.09.2019 with a direction to the learned trial Court to expedite the trial and conclude the same within a period of six months from the date of receipt of this order, if there is no other impediment. Learned counsel for the petitioner submits that out of sixteen witnesses as per

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the charge sheet, only seven witnesses have been examined so far and at present there is no progress in the trial on account of Covid-19 Pandemic and therefore, the bail application of the petitioner may be favourably reconsidered.

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Learned counsel for the State opposes the prayer for bail and submits that on the ground of commercial quantity of ganja seized, the petitioner’s application was rejected earlier on merit.

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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 the trial and particularly taking into account the prevailing situation, while not inclining to release the petitioner on bail on merit, I direct that the petitioner be released on interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on the expiry of the said period.

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For the above period, let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.

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The learned trial Court shall make every endeavour to expedite the trial after normalcy in Court functioning is restored.

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The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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��..�� S.K. Sahoo, J.

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Natwar Lal v. State of Odisha

Case brief

What is this about?

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Natwar Lal v. State of Odisha

Case brief

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