Allowed

Ravada Venketesh Kumar @ R Venketesh Kumar v. State of Odisha

Orissa HC22 Nov 2023BLAPL/3115/2023

Case brief

AI extract

What is this about?

The High Court granted bail to two accused Excise officials dismissed from service, invoking the Ravi Prakash precedent due to the trial's lack of progress despite a pending character witness list. The court imposed monthly police appearance conditions.

What did the court decide?

Directed petitioners to be released on bail on terms to be fixed by the learned court in seisin.

Ravada Venketesh Kumar @ R Venketesh 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.3115 of 2023

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Ravada Venketesh Kumar @ …. Petitioners R. Venketesh Kumar & another

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Mr. D.P. Dhal, Senior Advocate Mr. K. Mohanty, Advocate

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-versus-

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…. State of Odisha Opposite Party Mr. P.K. Maharaj, ASC

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CORAM: JUSTICE V. NARASINGH

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ORDER 22.11.2023

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Order No.

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1. Heard learned Senior Counsel for the Petitioners and learned counsel for the State.

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The Petitioners are accused in T.R. Case No.110 of 2022 pending on the file of learned Special Judge-cum-Addl. Sessions Judge, Koraput arising out of Pottangi P.S. Case No.129 of 2022 for commission of the alleged offence under Section 20(b)(ii)(C)/29 of the N.D.P.S Act.

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Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge-cumSpecial Judge, Koraput by order dated 17.03.2023 in the aforementioned case, the present BLAPL has been filed.

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Page 1 of 3

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It is submitted by the learned Senior Counsel that the Petitioners were employed in the Excise Department as a Constable and ASI respectively.

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The allegation against the Petitioners is that in the guise of discharging as Excise Officials they were facilitating the transportation of contraband (ganja) to the tune of 803 Kg. 765 grams in another truck.

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It is further submitted that the charge sheet has already been filed on 28.8.2023 and the co-accused (Dhiraj Kumar Turuk & Sinku), driver of the vehicle in which the Petitioners were present has been released on bail by this Court by order dated 29.08.2023 in BLAPL No.3195 of 2023. Hence, the Petitioners seek release, inter alia, on the ground of parity.

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Learned counsel for the State opposes the prayer for bail and submits that ex facie the present Petitioners are not similarly circumstanced with the co-accused inasmuch as he was a contractual employee and there was material on record to show that he was acting at the dictate of the present Petitioners.

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It is the further submission of the learned Senior Advocate, on instruction, that in the meanwhile both the Petitioners have been dismissed from service.

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Taking into account the submission made by the learned Senior Advocate being instructed by Mr. Mohanty that the trial is lingering, a report was called for from the learned Court in seisin regarding stage of trial.

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Page 2 of 3

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On perusal of the said report dated 20.11.2023 it is seen that prosecution seeks to rely on 28 charge sheeted witnesses and no witness has been examined till date.

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Considering the nature of accusation and that the trial has not progressed and 28 witnesses are to be examined and the Petitioners have been dismissed from service, as noted and keeping in view the decision of the Apex Court in the case of Ravi Prakash vrs. The State of Odisha, 2023 Live Law (SC) 533, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned court in seisin over the matter.

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Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin. The Petitioners shall not leave the jurisdiction of the learned Court in seisin without express permission of the said Court and without intimation to the I.O. Violation of any of the conditions shall entail cancellation.

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