Partly allowed

Krupasindhu Behera v. State of Odisha

Orissa HC26 Aug 2022BLAPL/6155/2021

Case brief

AI extract

What is this about?

In an application under Section 439 CrPC, the grant was prayed for in an NDPS case where trial had not commenced despite charge framing. The court declined bail on merit but granted interim bail for three months due to delay in trial and custody duration.

What did the court decide?

Granted interim bail for a period of three months on furnishing a bail bond of Rs.50,000 with two local solvent sureties and compliance with specified conditions.

Krupasindhu Behera Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.6155 of 2021

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Krupasindhu Behera

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Petitioner

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Mr.L. Achari, Advocate

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-versus-

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State of Odisha …. Opp. Party

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Mr.Arupananda Das, Addl. Standing Counsel

CORAM:

Order No.

JUSTICE S.K. SAHOO ORDER 26.08.2022

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

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This is an application under section 439 of Cr.P.C. in connection with Spl. G.R. Case No.07 of 2020 arising out of Bhanjanagar P.S. Case No.31 of 2020 pending in the Court of learned Addl. Sessions Judge, Bhanjanagar for offence punishable under sections 20(b)(ii)(C) of the N.D.P.S. Act.

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Learned counsel for the petitioner submits that the petitioner is in judicial custody since 18.01.2020 and his earlier bail application in BLAPL No.3321 of 2020 was rejected as per order dated 25.01.2021 and

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the learned trial Court was directed to expedite the trial and conclude the same within a period of six months from the date of receipt of a copy of the order and liberty was granted to the petitioner to renew his prayer for bail, if the trial is not concluded within the said period. He further submitted that till date, trial has not yet commenced.

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As per order dated 30.06.2022, learned trial Court has furnished the status report, which indicates that though charge was framed on 31.05.2022, but till date the examination of witnesses has not yet commenced.

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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 and the fact that examination of witnesses has not commenced, in view of the available materials on record, 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.

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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

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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 including the conditions that while on interim bail, the petitioner shall not try to come in contact with the prosecution witnesses or tamper with the evidence, 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 Violation of any of the terms and conditions shall entail cancellation of interim bail.

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Accordingly, the BLAPL is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge

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Krupasindhu Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Krupasindhu Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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