Allowed

Sashi Muna v. State of Odisha

Orissa HC17 Mar 2023BLAPL/2035/2023

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a subsequent bail application under Section 439 Cr.P.C. for a petitioner charged with transporting ganja under the NDPS Act. Bail was granted subject to strict conditions including police reporting and a clause for automatic cancellation upon future NDPS offences.

What did the court decide?

Petitioner granted bail on Rs. 1,00,000 bond with two sureties subject to specific conditions including police reporting and automatic cancellation upon future NDPS offences involving commercial quant

Sashi Muna 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.2035 of 2023

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Sashi Muna

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…. Petitioner Mr.H.S.Mishra , Advocate

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-versus-

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State of Orissa

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…. Opp. Party M/s.P.K.Patnaik, A.G.A. CORAM:

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JUSTICE G. SATAPATHY

ORDER

Order No.

17.03.2023

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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This is an subsequent bail application of the petitioner U/S. 439 of Cr.P.C. for grant of bail in connection with Tusura P.S. Case No.131 of 2022 corresponding to Special G.R. Case No.64 of 2022 pending in the Court of learned Special Judge-cumSessions Judge, Balangir for commission of offence punishable U/Ss. 20(b)(ii)(C) of NDPS Act on the allegation of transporting 30 Kgs. of Contraband Ganja.

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Petitioner being represented by learned counsel Mr.H.S.Mishra prays to grant him bail. Mr.P.K.Patnaik, learned AGA, however, strongly opposes the bail

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application of the petitioner.

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After considering the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view submission of charge sheet against the petitioner without reporting any criminal antecedent against him and taking into consideration the other circumstance on record in entirety including the pretrial detention of the petitioner, this Court admits the petitioner to bail.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i). the petitioner shall not commit any offence while on bail

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(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with

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(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case

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// 3 //

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(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a week preferably on Sunday in between 10 A.M. to 12 Noon for six(06) months from the date of his actual release from the custody.

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The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

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It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the involvement of the petitioner in future for any offence under NDPS Act involving commercial quantity of contraband article on prima facie accusations may be treated as a ground for cancellation of bail.

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Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules.

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Judge

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Kishore

Sashi Muna v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sashi Muna v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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