Allowed

S.K. Ramjan @ Ramu v. State of Odisha

Orissa HC9 Feb 2024BLAPL/12511/2023

Case brief

AI extract

What is this about?

The High Court of Orissa, Cuttack, granted interim bail to the petitioner for a period of ten weeks under Section 439 CrPC. The petitioner was detained since 2018 for offenses under IPC sections 396/397/120-B read with Arms Act sections 25/27. The court imposed conditions including appearance before the local in-charge police and surrender upon expiration.

What did the court decide?

Petitioner released on interim bail for ten weeks with conditions to appear before court and local in-charge police.

S.K. Ramjan @ Ramu Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL NO.12511 OF 2023

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Sk. Ramjan @ Ramu

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…. Petitioner, Ms.A. Ray, Advocate.

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-versus-

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State of Odisha

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…. Opposite Party Mr.G.N. Rout, ASC.

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CORAM:

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MR. JUSTICE D.DASH

ORDER

Order No.

09.02.2024

This matter is taken up through hybrid arrangement (virtual/physical) mode.

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This is the successive journey of this Petitioner, who is in custody in connection with Binjharpur P.S. Case No.42 of 2018, corresponding to C.T. (Sessions) Case No.176 of 2018, pending in the Court of the learned Additional District & Sessions Judge, Jajpur for offence punishable under section 396/397/120-B of the IPC read with section 25/27 of the Arms Act, in filing this application under section 439 of the Cr.P.C for his release on bail.

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Ms. A. Ray, learned Counsel for the Petitioner submits that this Petitioner being arrested in the case, is in custody since 15.02.2018. She further submits that despite such long period of detention of the Petitioner in custody, the trial has not reached its midway and thus is not likely to be concluded so soon. She in that situation, instead of pressing the prayer for regular bail, prays for disposal of this application granting interim bail to the Petitioner for some period so as to look after his family members, who having managed to pull on till now are no more in position to continue further and need the support of this Petitioner. She submits that co-

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// 2 //

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accused persons are on bail and as yet no such report adverse to their conduct had come.

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Learned Counsel for the State citing the criminal antecedent report of the Petitioner, opposes the prayer for grant of interim bail.

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Considering the submissions made and further taking into account the period of detention of the Petitioner in custody; this Court is inclined to dispose of this application by granting interim bail to the Petitioner for a period of ten (10) weeks.

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Accordingly, it is directed that the Petitioner be released on interim bail for a period of ten (10) weeks w.e.f. the date of his actual released from the custody on such terms and conditions as deemed just and proper, with further conditions that:-

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a) the Petitioner will not indulge himself in any criminal activity;

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b) will not terrorize or threaten the prosecution witnesses;

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c) will appear in person before the Court in seisin of the case on each date of posting of this case during this period;

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d) will appear before the IIC, Kendrapara P.S. on every Monday in between 10 am to 2 pm;

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e) will not leave the jurisdiction of the Court in seisin of the case; and

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f) will surrender before the Court in seisin of the case after expiry of the interim period positively.

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In the event of violation of any of the conditions, it would be open for the prosecution to seek of cancellation of interim 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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Signature Not Verified

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Digitally Signed Signed by: NARAYAN HO Reason: Authentication Narayan Location: OHC

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(D. Dash) Judge

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Date: 13-Feb-2024 17:27:02

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Page 2 of 2

S.K. Ramjan @ Ramu v. State of Odisha

Case brief

What is this about?

What did the court decide?

S.K. Ramjan @ Ramu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

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