Allowed

Manonita Mali v. State of Odisha

Orissa HC5 May 2023BLAPL/161/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC in an NDPS case involving ganja, the High Court of Orissa granted interim bail for three months despite Section 37 bar, considering detention period and conduct of the petitioner.

What did the court decide?

Petitioner released on interim bail for three months on furnishing bail bond of Rs. 50,000 with two local solvent sureties each for Rs. 50,000.

Manonita Mali 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.161 of 2023

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Manonita Mali

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…. Petitioner

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Mr. S.K. Das, Advocate

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-versus-

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State of Odisha …. Opp. Party

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Mr. Priyabrata Tripathy, Addl. Standing Counsel

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CORAM:

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JUSTICE S.K. SAHOO

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Order No.

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ORDER 05.05.2023

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This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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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 Avada P.S. Case No.16 of 2020 corresponding to G.R. Case No.17 of 2020 pending in the Court of learned Special Judge -cum- Sessions Judge, Gajapati, Paralakhemundi for offences punishable under sections 20(b)(ii)(C)/25/29 of the N.D.P.S. Act.

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The petitioner moved an application for bail before the Court of learned Additional Sessions Judge -cumSpecial Judge, Paralakhemundi which was rejected on 09.12.2022.

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// 2 //

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Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody on 24.02.2020 and he was granted interim bail by this Court as per order dated 06.01.2023 in I.A. No.27 of 2023 and after availing the interim bail period, he surrendered at right time and to that effect, learned counsel for the petitioner files the copy of the surrender certificate, which is taken on record. He further submitted that in the trial Court, out of seventeen charge sheet witnesses, twelve witnesses have been examined and he filed the deposition copies, which are taken on record. Learned counsel further submitted that in view of the available materials on record, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State opposed the prayer for bail mainly on the ground that commercial quantity of ganja was seized from the possession of the petitioner and in view of the bar under section 37 of the N.D.P.S. Act, the petitioner should not be released on bail.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the nature of evidence adduced during trial and bar under section 37 of the N.D.P.S. Act, at this stage, while not inclining to release the petitioner on bail on merit, but taking into account the period of detention of the petitioner in judicial custody and the conduct of the petitioner in complying

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// 3 //

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with the earlier order of interim bail granted by this Court, 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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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 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.

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Accordingly, the BLAPL is disposed of. Issue urgent certified copy as per Rules.

( S.K. Sahoo)

Judge

RKM

RABINDRA Digitally signed by RABINDRA KUMAR KUMAR MISHRA Date: 2023.05.06 MISHRA 13:30:28 +05'30'

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Manonita Mali v. State of Odisha

Case brief

What is this about?

What did the court decide?

Manonita Mali v. State of Odisha

Case brief

What is this about?

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