Allowed

Surendra Karmali v. State of Odisha

Orissa HC28 Nov 2023BLAPL/5789/2023

Case brief

AI extract

What is this about?

Petitioner appealed bail rejection under Section 439 Cr.P.C. in an NDPS case where trial delayed since 2022. Court applied Apex Court precedent and ordered petitioner's release on bail subject to antecedent verification by lower court.

What did the court decide?

Petitioner directed to be released on bail such terms to be fixed by the learned Court in seisin after verification of criminal antecedents.

Surendra Karmali 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. 5789 of 2023

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Surendra Karmali

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…. Petitioner

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Mr. A.N. Pattanayak, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. H.K. Panigrahi, ASC

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CORAM: JUSTICE V. NARASINGH

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ORDER 28.11.2023 Order No. 04. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

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The Petitioner is an accused in connection with T.R. Case No.53 of 2022 pending on the file of learned Additional Sessions Judgecum-Special Judge, Koraput, arising out of Semiliguda P.S. Case No.75 of 2022 for commission of offence alleged under Sections 20(b)(ii)C/29 of the NDPS Act.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum-Special Judge, Koraput by order dated 11.01.2023 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the Petitioner is in custody since 10.05.2022 on the accusation of possessing contraband (ganja) to the tune of 266 kg 100 grams.

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Taking into account the submission at the Bar that the Petitioner is in custody since 10.05.2022 and there is no progress in trial, a report was called for from the learned Court in seisin. The report reads as under;

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Page 1 of 2

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“xxx xxx xxx

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In compliance of the order of Hon’ble Court vide Order No.03 dated: 08.11.2023 passed in BLAPL No. 5789 of 2023 (Surendra Karmali – Vrs- State of Odisha), arising out of T.R. case No.53/2022 corresponding to Semiliguda P.S. case No.75 dated 10.05.2022 this is to submit that charge has framed against the accused persons on 18.05.2023. So far no witness has been examined. Summons and W.T. messages have already been issued to the Charge sheeted witnesses. Now the case posted to 15.12.2023/16.12.2023 for trial.

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In this connection, I am to submit that this Court is striving hard for expeditious disposal of the case and

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the case is likely to be disposed of within six months.

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xxx xxx xxx”

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Learned counsel for the Petitioner, on instruction, submits that there are 20 cited witnesses.

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Learned counsel for the State opposes the prayer for bail.

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Taking into account that there is no progress in trial though the Petitioner is in custody from 10.05.2022 and keeping in view the order of the Apex Court in the case of Rabi Prakash vs. The State of Odisha reported in 2023 SCC OnLine SC 1109 , this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

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Before releasing, learned Court in seisin is called upon to verify the criminal antecedent of the Petitioner, since a comprehensive affidavit has been filed at his behest indicating that the Petitioner is the first offender. If it comes to fore that the Petitioner has any criminal antecedent , this order shall not be given effect to.

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Accordingly, the BLAPL stands disposed of.

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Signature Not Verified

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Urgent certified copy of this order be granted as per rules.

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Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 30-Nov-2023 10:33:55

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(V. NARASINGH) Judge

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Santoshi

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Page 2 of 2

Surendra Karmali v. State of Odisha

Case brief

What is this about?

What did the court decide?

Surendra Karmali v. State of Odisha

Case brief

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