Allowed

Sk. Asif @ Baun v. State of Odisha

Orissa HC18 May 2023BLAPL/12809/2022

Case brief

AI extract

What is this about?

High Court of Orissa granted interim bail for three months to the petitioner accused under the N.D.P.S. Act. The Court considered the vacancy of the trial judge and the petitioner's compliance with prior bail conditions, directing surrender upon expiry.

What did the court decide?

Petitioner released on interim bail for three months upon furnishing a bond of Rs. 50,000 with two sureties.

Sk. Asif @ Baun Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.12809 of 2022

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Sk. Asif @ Baun …. Petitioner

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Mr. Sudipto Panda, Advocate

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-versus-

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State of Odisha …. Opp. Party

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Mr. Arupananda Das Addl. Government Advocate

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Order No.

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CORAM:
JUSTICE S.K. SAHOO
ORDER
18.05.2023
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and
learned counsel for the State.

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This is an application under section 439 of Cr.P.C. in connection with Khurda Sadar P.S. Case No.163 of 2020 corresponding to T.R. No.46 of 2020 pending in the Court of learned 2^nd Additional Sessions Judge, Khurda for offences punishable under sections 21(C)/29 of the N.D.P.S. Act.

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The petitioner moved an application for bail before the Court of learned 2^nd Additional Sessions Judge, Khurda (I/c) which was rejected on

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// 2 //

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14.12.2022.

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Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody on 27.09.2020 and he was released on interim bail for a period of three months in BLAPL No.3357 of 2022 as per order dated 26.08.2022.

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When a submission was made by the learned counsel for the petitioner on 10.05.2023 that no Presiding Officer is present there in the Court of 2^nd Additional Sessions Judge, Khurda since more than a year, learned Registrar (Judicial) was asked to place a note on the same.

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The learned Registrar (Judicial) has placed the note wherein it is mentioned that the post of 2^nd Additional Sessions Judge, Khurda is lying vacant w.e.f. 01.09.2022.

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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 since the petitioner has not flouted the terms and conditions of the interim bail order, 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.

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Page 2 of 3

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// 3 //

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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 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

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the learned trial Court on each date to which the case would be posted for trial.

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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

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RKM

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Signature Not Verified

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Digitally Signed Signed by: RABINDRA KUMAR MISHRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA Date: 19-May-2023 18:21:14

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Sk. Asif @ Baun v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk. Asif @ Baun 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

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