Single judge order granting interim bail for three months to the petitioner in a drug case despite opposition under Section 37 of the NDPS Act, citing delayed trial and prior compliance, subject to strict conditions.
Petitioner released on interim bail for three months on bond of Rs.50,000 with two sureties, subject to conditions.
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.4145 of 2023
Rajiv Kumar Patra ….
Petitioner
Mr.A. Satpathy, Advocate
-versus-
State of Odisha …. Opp. Party
Mr. P.B. Tripathy Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
14.07.2023
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 Khandagiri P.S. Case No. 285 of 2020 corresponding to T.R. Case No. 222 of 2020 pending in the Court of learned Addl. Sessions Judge (NDPS), Bhubaneswar for offences punishable under sections 20(b)(ii)(C) and 29 of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned 2nd Addl. Sessions Judge,
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Bhubaneswar which was rejected on 15.03.2023.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 26.05.2020 and this Court considering the submission regarding delayed disposal of trial, granted interim bail for a period from 10.11.2021 to 21.11.2021 as per order of this Court dated 09.11.2021 and after availing the same, he has surrendered before the learned trial Court at right time. Learned counsel further submitted that out of twenty charge sheet witnesses, seven witnesses have been examined and in view of delayed disposal of the trial, the petitioner may be granted interim bail for some time.
Learned counsel for the State opposed the prayer for bail and submitted that in view of the bar under section 37 of the N.D.P.S. Act, the petitioner is not entitled to be released on bail/interim bail.
Perused the status report dated 16.05.2023 furnished by the learned trial Court from which it appears that out of twenty charge sheet witnesses, seven witnesses have been examined.
Considering the submissions made by the learned counsel for the respective parties, the slow progress of trial and the conduct of the petitioner in complying with the earlier interim bail order, while not inclining to release the petitioner on bail on merit, I am inclined
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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.
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 that while on interim bail, the petitioner shall not try to come in contact with any of the prosecution witnesses or tamper with the evidence, he shall not indulge in any criminal activities and he shall appear before the learned trial Court on each date on which the date would be fixed for trial.
Violation of any 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 Signature Not Verified
Digitally Signed PKSahoo Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 17-Jul-2023 16:19:40
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2 issues framed by the court
Whether the petitioner is entitled to interim bail despite a statutory bar under section 37 of the N.D.P.S. Act due to delayed trial and compliance with earlier orders.
Whether to grant interim bail to the petitioner on furnishing a bail bond and sureties subject to specific conditions.
3 provisions across 2 enactments
Rajiv Kumar Patra
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
