Allowing bail to a petitioner detained over seven years in an N.D.P.S. case involving ganja possession where the trial involving 29 witnesses is delayed, invoking Supreme Court Legal Aid Committee principles.
Released on bail upon furnishing bonds with sureties and attending trial and reporting to police station.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.5178 of 2022
-versus-
State of Odisha
…. Opp. Party Mr. P.K.Patnaik, A.G.A.
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER 12.12.2022
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sheet witnesses have been examined till today, which exclude the possibility of disposal of the case in near future. On the aforesaid submissions, learned counsel for the petitioners prays to grant bail to the petitioner.
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already undergone more than half of the minimum sentence of imprisonment for the offence alleged against him and the law laid down by Apex Court in Supreme Court Legal Aid Committee(Representing under trial prisoners) Vrs. Union of India; (1994) 6 SCC 731 , this Court passes an order in favour of the petitioner despite the rigors of Section 37 of the N.D.P.S. Act granting bail to him in this case.
It is clarified that the Court in seisin of the case will be at
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liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out.
( G. Satapathy) Judge
Subhasmita
2 issues framed by the court
Whether bail should be granted to an undertrial prisoner detained for over seven years in an N.D.P.S. case where the trial will not conclude in the near future?
Whether the rigors of Section 37 of the N.D.P.S. Act apply given the delay in trial and the jail term suffered so far?
Colour shows how this judgement treated each authority
Supreme Court Legal Aid Committee (Representing under trial prisoners) Vrs. Union of IndiaReferred¶17
Supreme Court Legal Aid Committee (Representing under trial prisoners) Vrs. Union of India; (1994) 6 SCC 731 · Who else cites this
3 provisions across 2 enactments
Subhasmita
State of Odisha
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
