Allowed

Dingar Bindhani v. State of Odisha

Orissa HC12 Aug 2022BLAPL/11063/2021

Case brief

AI extract

What is this about?

An application for interim bail under section 439 Cr.P.C. arising from an STF case involving N.D.P.S. offences. The special judge examined only a few witnesses. The High Court observed that while not inclined to regular bail, the petitioner was granted interim bail for three months subject to conditions.

What did the court decide?

Interim bail granted for a period of three months on furnishing a bond of Rs.50,000 with two sureties, subject to non-interference with witnesses and appearance during trial.

Dingar Bindhani Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No.11063 of 2021

¶3

Dingar Bindhani

¶4

…. Petitioner

¶5

Mr. A.Tripathy, Advocate

¶6

-versus-

¶7

State of Odisha

¶8

…. Opp. Party Mrs. Susamarani Sahoo Addl. Standing Counsel

CORAM:

Order No.

JUSTICE S.K. SAHOO ORDER 12.08.2022 This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

¶13

This is an application for bail under section 439 of Cr.P.C. in connection with C.T. Case No.17 of 2019 arising out of STF Case No.05 of 2019 pending in the Court of learned Sessions Judge -cum- Special Judge, Kandhamal, Phulbani for alleged commission of offences under sections 20(b)(ii)(C)/25/29 of the N.D.P.S. Act read with section 25 of the Arms Act

¶14

Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody since 21.03.2020 and his earlier bail application application in BLAPL No.4104 of 2020 was rejected as

¶15

// 2 //

¶16

per order dated 12.01.2021 and direction was given 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 the order.

¶17

Perused the status report dated 23.07.2022 submitted by the learned Sessions Judge, Kandhamal, Phulbani which indicates that out of eighteen charge sheet witnesses, two witnesses have been examined. Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody and the progress of trial so far, while not inclining to release the petitioner on bail on merit, I am inclined to release the petitioner on interim bail for a period of three months from the date of release. The petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.

¶18

For the above period, let the petitioner be released on interim bail in the aforesaid case on furnishing 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 terms and conditions as the learned Court may deem just and proper and with further conditions that while on interim bail, the petitioner shall not try to come in contact with the prosecution witnesses or tamper with

Page 2 of 3

// 3 //

the evidence, he shall not indulge in any criminal activities and he shall appear before the learned trial Court on each date to which the case would be posted for trial during the interim bail period.

¶23

Violation of any of the terms and conditions shall entail cancellation of interim bail.

¶24

Accordingly, the BLAPL is disposed of.

¶25

Issue urgent certified copy as per Rules.

¶26

( S.K. Sahoo)
Judge

¶27

Page 3 of 3

Dingar Bindhani v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dingar Bindhani v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Puskar Bisoi Vs State of Odisha

Rendo@Karamsingh Munda Vs State of Odisha

Sanjaya Gouda Vs State of Odisha

Santosh Kumar Pradhan @ Likun @ Santosh Pradhan Vs State of Odisha

Rajendra Pal Vs State of Odisha

Raj@ Shivraj Duria Vs State of Odisha