A Single Judge granted interim bail to the petitioner for three months and ordered surrender to the trial court upon expiry, citing prolonged custodial detention and lack of examined witnesses in an NDPS special case.
Interim bail granted for a period of three months; surrender before the trial Court immediately on expiry.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No. 67 of 2020
Santosh Kumar Meher ……. Petitioner -Vrs.- State of Odisha ……. Opp. Party
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 Special G.R. Case No.28 of 2016 arising out of Trava P.S. Case No.134 of 2016 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Sonepur for offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Special Judge, Sonepur which was rejected on 11.12.2019.
Perused the status report submitted by the learned Addl. Sessions Judge, Sonepur dated 25.08.2020 as per order dated 19.08.2020 wherein it is mentioned that the petitioner is in judicial custody since 21.08.2016 and though charge has been framed on 25.07.2018 but not a single witness has been examined so far.
In view of the delayed trial and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner 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 expiry of the three months period.
For the above period, let the petitioner be released on bail in the aforesaid case on such terms and conditions as the learned Court in seisin over the matter may deem just and proper.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order is granted on proper application.
sisir
…………………..…… S.K. Sahoo, J.
3 issues framed by the court
Whether an accused in judicial custody for a prolonged period without trial witnesses should be released on interim bail.
Whether the delay in trial under the NDPS Act warrants committal to interim bail.
Whether special bail under Section 439 CrPC should be granted considering the period of detention.
2 provisions across 2 enactments
Santosh Kumar Meher
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
