The High Court of Orissa allowed a bail application under Section 439 Cr.P.C. relating to NDPS offences. Considering the delayed trial and prolonged detention, the Court granted interim bail for three months subject to specific conditions.
Petitioner released on interim bail for three months upon furnishing bail bond and two sureties.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1006 of 2023
Samir Kumar Nanda
…. Petitioner
Mrs. Bharati Dash, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr. Priyabrata Tripathy, Addl. Standing Counsel
CORAM: JUSTICE S.K. SAHOO ORDER Order No. 06.04.2023 02. This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.
Order No.
This is an application under section 439 of Cr.P.C. in connection with Phiringia P.S. Case No.43 of 2020 corresponding to C.T. Case No.30 of 2020 pending in the Court of learned Sessions Judge -cumSpecial Judge, Phulbani for offences punishable under sections 20(b)(ii)(C)/25/29 of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Special Judge, Phulbani which was rejected on 05.12.2022.
Learned counsel for the petitioner submitted
// 2 //
that the petitioner was taken into judicial custody in connection with this case on 12.06.2020 and last time when he approached this Court for bail in BLAPL No.5373 of 2021, as per the order dated 29.07.2022, he was granted interim bail for a period of three months and the learned trial Court was directed to conclude the trial by end of December 2022.
On perusal of the status report dated 31.03.2023 furnished by the learned trial Court, it reveals that out of eighteen charge sheet witnesses, only three witnesses have been examined.
Learned counsel for the State opposed the prayer for bail.
Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody, the delayed disposal of the trial and the fact that the earlier order passed by this Court in BLAPL No.5373 of 2021 to conclude the trial by end of December 2022 has not been complied with, 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 interim bail in the aforesaid case on furnishing bail bond of Rs.50,000/- (rupees fifty
Page 2 of 3
// 3 //
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 subject to conditions that while on interim bail, the petitioner shall not indulge in any criminal activities in any manner 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. Accordingly, the BLAPL is disposed of. Issue urgent certified copy as per Rules. ( S.K. Sahoo) Judge
RKM
Page 3 of 3
2 issues framed by the court
Whether the petitioner should be released on interim bail given the delay in trial and duration of detention.
Whether the conditions of interim bail, including surrender after three months, should be imposed.
2 provisions across 2 enactments
Samir Kumar Nanda
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
