Allowed

Somanath Behera v. State of Odisha

Orissa HC3 Jul 2020BLAPL/210/2020

Case brief

AI extract

What is this about?

The Single Judge, in a special bail application under section 439 Cr.P.C. arising from a Narcotics Act charge, released the petitioner on interim bail for three months due to prolonged judicial custody, trial delay caused by witness non-appearance, non-compliance with earlier expedited trial order, and the prevailing pandemic conditions.

What did the court decide?

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

Somanath Behera Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2020)

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BLAPL No.210 of 2020

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03.07.2020

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Somanath Behera �� Petitioner -VersusState of Odisha �� Opp. Party The matter is taken up through video conferencing.

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

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This is an application under section 439 of Cr.P.C. in connection with C.T. Case No.79 of 2017 arising out of Gochhapada P.S. Case No.55 of 2017 pending in the Court of learned Sessions Judge –cum- Special Judge, Phulbani for offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act.

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The petitioner moved an application for bail before the Court of learned Special Judge, Phulbani which was rejected on 02.01.2020.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 16.07.2017 and while rejecting the earlier bail application in BLAPL No.6946 of 2017 as per the order dated 03.04.2018, the learned trial Court was directed to expedite the trial and if possible, to conclude the same within a period of six months from the date of receipt of the order.

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On a submission made by the learned counsel for the petitioner on the last date, status report was called for from the learned trial Court who has reported that out of twenty four charge sheeted witnesses, seventeen

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witnesses have been examined so far and after 18.11.2019 though the case was posted on several dates but the witnesses summoned did not appear to give their evidence and out of those witnesses, six are police personnels and despite of repeated summons, they are not appearing to give their evidence for which the case is lingering.

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Learned counsel for the petitioner further submitted that co-accused persons have already been released on bail.

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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 the fact that the earlier order passed by this Court in BLAPL No.6946 of 2017 as per the order dated 03.04.2018 has not been complied with and due to non-appearance of the prosecution witnesses, the trial of the case is lingering and particularly taking into account the situation which is prevailing in the Courts at Phulbani on account of COVID-19 Pandemic, while not inclining to grant bail to the petitioner on merit, I am inclined to release the petitioner on interim bail for a period of three months from the date of release.

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Let the petitioner be released on bail in the aforesaid case for the aforesaid period on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction for the Court in seisin over the matter with

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further terms and conditions as the learned Court may deem just and proper.

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Accordingly, the BLAPL is 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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Somanath Behera v. State of Odisha

Case brief

What is this about?

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Somanath Behera v. State of Odisha

Case brief

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