Allowed

Satyanarayan Jena v. State of Orissa

Orissa HC25 Jun 2020BLAPL/1961/2020

Case brief

AI extract

What is this about?

Court granted bail to a petitioner accused of NC offenses after drawing a favorably adverse inference regarding prosecution's intention to delay trial due to non-examination of investigating officer. Order was issued via video conferencing.

What did the court decide?

Petitioner released on bail with conditions to appear in person at every judicial stage, report at I.I.C. Cuttack weekly for one year, and not commit similar offenses.

Satyanarayan Jena Vs State of Orissa — Narcotics (NDPS) | Orissa HC (2020)

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BLAPL NO.1961 OF 2020

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25.06.2020: This matter is taken up through Video conferencing.

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This is the second journey of the petitioner, who is in custody in connection with Phiringia P.S. Case No.111 of 2016 corresponding to C.T. Case No.114 of 2016 on the file of learned Special Judge, Kandhamal, Phulbani running for alleged commission of offence under sections 20(b)(ii)(C) of N.D.P.S. Act read with section 27 of the Arms Act, has filed this application under section 439 of the Cr.P.C. for his release on bail.

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Learned counsel for the petitioner submits that the petitioner has been in custody since 10.09.2016 on the allegation that he was in possession of 50 kg 500 grams of ganja, who was being transported in the vehicle belonging to the petitioner and was at the relevant time also present in the said vehicle. He also submits that despite the last order passed by this Court on 14.11.2019 in BLAPL No.7124 of 2019 directing the trial, which was waiting for completion for non-examination of the Investigating Officer to be completed within two months, there has been no further development, which shows the intention of the prosecution to drag on the trial since the witness, i.e., the Investigating Officer is under their command and that is only to see that the petitioner remains detained without trial as long as possible. He, however, submits that simply because the petitioner is a resident of the district of Cuttack, the trial court has expressed a view that he is likely to abscond and avoid the trial, which is going on in

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the district of Kandhamal. It is also submitted that the coaccused, who is said to be sitting with this petitioner in the said vehicle has been enjoying the liberty. In view of all the above, he prays for grant of bail this petitioner.

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Learned counsel for the State is not in a position to refute the fact that the trial is not getting completed for non-examination of the investigating officer.

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Considering the submissions made and on going through the materials available on record further keeping in view the surrounding circumstances including the factum of long detention of the petitioner in custody, while being inclined to reconsider the prayer for bail of this petitioner, it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that he will not indulge himself in committing similar type of offence: will appear in person before the court in seisin of the case on each date of posting of the case, till conclusion of the trial and would report before the I.I.C., Kanpur P.S. in the district of Cuttack on every Monday in between 10 A.M. to 2 P.M. for the next one year.

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The BLAPL is accordingly disposed of.

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Satyanarayan Jena v. State of Orissa

Case brief

What is this about?

What did the court decide?

Satyanarayan Jena v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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