High Court allowed interim bail for petitioner in NDPS case pending in Malkangiri sessions court. Court noted slow trial progress and petitioner's compliance. Bail fixed for three months with bond and sureties. Petitioner to surrender upon expiry.
Release on interim bail for three months subject to furnishing bail bond and sureties and appearing in court.
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.1636 of 2023
Madan Padua
…. Petitioner
Mr. K.M. Patro, 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 Mathili P.S. Case No.98 of 2020 corresponding to T.R. Case No.67 of 2020 pending in the Court of learned Additional Sessions Judge -cum- Special Judge, Malkangiri for offences punishable under sections 20(b)(ii)(C)/29 of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Additional Sessions Judge -cum- Special Judge, Malkangiri which was rejected
// 2 //
on 06.02.2023.
Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody on 13.07.2020 and when he approached this Court last time for bail in BLAPL No.345 of 2022, as per order dated 14.10.2022, he was granted interim bail for a period of three months and after availing the same, he surrendered at right time. It is further submitted that in the trial Court, out of nineteen charge sheet witnesses, twelve witnesses have been examined so far and therefore, he may be granted interim bail for some period.
Perused the status report dated 03.04.2023 furnished by the learned trial Court from which it reveals that out of nineteen charge sheet witnesses, twelve witnesses have been examined.
Learned counsel for the State has no serious objection so far as the interim bail of the petitioner is concerned.
Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody, the slow progress of the trial and the conduct of the petitioner in complying 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
Page 2 of 3
// 3 //
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 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 entitled to interim bail in the narcotic drugs case given the slow trial progress and satisfactory conduct.
Whether the petitioner can be released on interim bail subject to furnishing a bond and sureties and adhering to court appearance.
2 provisions across 2 enactments
Madan Padua
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
