Single judge granted interim bail for three months to the petitioner facing NDPS charges, citing delayed trial due to COVID-19 and his conduct, despite opposition from the State.
Petitioner released on interim bail for three months with a bond of Rs. 50,000 and two sureties.
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BLAPL No.11025 of 2019
03. 26.06.2020
Jagannatha Mishra �� Petitioner -VersusState of Odisha �� Opp. Party The matter is taken up through Video Conferencing.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with Balliguda P.S. Case No. 109 of 2017 corresponding to C.T. Case No.03 of 2017 pending on the file of learned Addl. Sessions Judge –cum- Special Judge, Balliguda for alleged commission of offence punishable under sections 20(b)(ii)(C)/29 of the NDPS Act.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Special Judge, Balliguda, which was rejected on 16.11.2019.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 06.11.2017 and when he approached this Court last time for bail in BLAPL No. 235 of 2019, taking into account the delayed trial, he was granted interim bail for a period of three months by order dated 10.07.2019 and after availing the said interim bail period, he surrendered at right time before the learned trial Court and at present there is no progress in the trial on account of situation arising out of COVID-19 Pandemic and out of ten charge sheet witnesses, only five witnesses have been examined so far and therefore, the bail application of the petitioner may be favourably reconsidered.
Learned counsel for the State opposes the prayer for
2
bail.
Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody and the slow progress of trial and the conduct of the petitioner in complying with the order of this Court passed in BLAPL No.235 of 2019, 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.
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.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
S.K. Sahoo, J.
P
3 issues framed by the court
Whether the petitioner's bail application under section 439 Cr.P.C. merits reconsideration in view of delayed trial and circumstances.
Whether the petitioner should be released on interim bail for three months.
Whether the conditions of bail can include surrender before the trial court upon expiry of interim period.
Colour shows how this judgement treated each authority
BLAPL No. 235 of 2019Referred¶7
2 provisions across 2 enactments
Jagannatha Mishra
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
