Allowed

K. Prasanna Kumar v. State of Odisha

Orissa HC20 Dec 2023BLAPL/2757/2023

Case brief

AI extract

What is this about?

In an application under section 439 Cr.P.C., the High Court of Odisha granted interim bail to the petitioner in a CBI narcotics case. Noting that the trial was slow with only 7 out of 19 witnesses examined and the petitioner had complied with liberty granted earlier, the court granted bail for three months subject to a bond and sureties, despite the statutory bar under section 37 NDPS Act due to t

What did the court decide?

Release on interim bail for a period of three months on furnishing a bail bond of Rs. 50,000 with two local solvent sureties each for the like amount.

K. Prasanna Kumar 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.2757 of 2023

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K. Prasanna Kumar

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Petitioner

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Mr. J. Samantaray, Advocate

-versus-

State of Odisha

…. Opp. Party

Mr. Sonak Mishra, Additional Standing Counsel.

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Order No.

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CORAM:
JUSTICE S.K. SAHOO
ORDER
20.12.2023

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

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This is an application under section 439 of Cr.P.C. in connection with Bharatpur P.S. Case No.58 of 2021 corresponding T.R. Case No.108 of 2021 pending in the Court of learned Additional Sessions Judge –cum- Special Judge, CBI, Court No.II, Bhubaneswar for offences punishable under sections 20(b)(ii)(C) of N.D.P.S. Act.

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amit

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 23.02.2021 and earlier the petitioner has approached this Court for bail in BLAPL No.2558 of 2021 and as per order dated 10.08.2021, while rejecting the bail application, liberty was granted to the petitioner to renew the prayer for bail if the trial is not

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concluded within six months after framing of charge. He further submitted that the petitioner was granted interim bail for a period of three months by this Court in BLAPL No.10922 of 2021 as per order dated 14.10.2022 and after availing the interim bail period, he surrendered at right time. He further submitted that only seven witnesses have been examined so far out of 19 charge sheet witnesses and therefore, the bail application may be favourably considered.

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Learned counsel for the State opposed the prayer for bail.

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Perused the status report of the learned trial Court dated 16.12.2023 which indicates that out of 19 charge sheet witnesses, seven witnesses have been examined.

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Considering the submissions made by the learned counsel for the respective parties, since the earlier order passed by this Court in BLAPL No.2558 of 2021 has not been complied with and in view of the available material on record, seizure of commercial quantity of ganja from the possession of the petitioner and bar under section 37 of N.D.P.S. Act, while not inclining to release the petitioner on bail on merit, taking into the period of detention in judicial custody and slow progress of the trial, I am inclined to release the petitioner on interim bail for a period of three months from the date of release. The petitioner shall immediately surrender before the learned Court below on expiry of the said three months period.

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For the above period, let the petitioner be released on interim bail to the satisfaction of the learned trial Court in connection with the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent

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sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter including the conditions the conditions that the petitioner shall not indulge in any criminal activities.

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Violation of any of the conditions shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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(S.K. Sahoo) Judge

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amit

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Signature Not Verified

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Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 22-Dec-2023 15:17:53

K. Prasanna Kumar v. State of Odisha

Case brief

What is this about?

What did the court decide?

K. Prasanna Kumar v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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