Allowed

Ghanashyam Deo v. State of Odisha

Orissa HC16 Aug 2022BLAPL/9467/2021

Case brief

AI extract

What is this about?

This application under Sec.439 Cr.P.C. sought bail in an NDPS Act possession case. The High Court initially refused bail due to the statutory embargo but granted interim bail for three months citing excessive custody and trial delay, subject to specific conditions including surrender by November 2022.

What did the court decide?

Petitioner granted interim bail for three months from date of release with conditions to furnish two sureties, not commit other offences, and surrender on or before 21st November 2022.

Ghanashyam Deo Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9467 of 2021

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Ghanashyam Deo

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…. Petitioner

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Mr. R.L. Pattnaik, Advocate

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-versus-

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State of Orissa

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…. Opposite Party Mr. K. Das, A.S.C.

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CORAM: JUSTICE B. P. ROUTRAY

ORDER

16.08.2022

Order No.

This is an application under Sec.439 Cr.P.C. for bail and the offence alleged is under Sec.20(b)(ii)(C) of the NDPS Act for alleged possession of contraband ganja weighing 22 kg.

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Heard Mr. R.L. Pattnaik, learned counsel for the Petitioner as well as Mr. K. Das, learned A.S.C. for the State-Opposite Party.

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After hearing Mr. K. Das, learned Additional Standing Counsel for the State-Opposite Party, I am not inclined to release the Petitioner on bail keeping in view the embargo contained in Section 37(1)(b) of the NDPS Act. The prayer for bail is rejected.

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However, it is submitted on behalf of the Petitioner that he is inside custody since 7.6.2019 and despite the order of this Court dated 05.08.2021 passed in BLAPL No.3607 of 2021 to conclude the trial by end of January, 2022, the same is still pending.

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Thus considering long period of detention of the Petitioner inside custody and slow progress in trial, it is directed to release the Petitioner on interim bail for a period of three months from

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Page 1 of 2

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the date of his release in connection with Kalimela P.S. Case No.84/2019 corresponding to T.R. Case No.66/2019 on such terms and conditions to be fixed by learned Additional Sessions Judge-cum-Special Judge, Malkangiri or the court in seisin over the matter as he deems just and proper including the condition that the Petitioner shall furnish two sureties (with proper identity proof) out of which one shall be his relative and that, he shall not be involved in any other offence while on bail and shall attend the trial court on each date fixed.

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It is made clear that the Petitioner shall surrender in the trial court on or before 21^st November, 2022, failing which learned trial court shall take appropriate steps including issuance of NBW

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of arrest to apprehend him.

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The BLAPL is disposed of.

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An urgent certified copy of this order be granted on proper application.

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( B.P. Routray)

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Judge

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B.K. Barik

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Page 2 of 2

Ghanashyam Deo v. State of Odisha

Case brief

What is this about?

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Ghanashyam Deo v. State of Odisha

Case brief

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