Allowed¶23

Sashikant Bhoi v. State of Odisha

Orissa HC2 May 2024BLAPL/1440/2024

Case brief

AI extract

What is this about?

Orissa High Court BLAPL No.1440 of 2024 (02.05.2024, Aditya Kumar Mohapatra J.) — regular bail under S.439 Cr.P.C. granted to Sashikant Bhoi, accused under S.21(b) NDPS Act (145 grams heroin; T.R. Case No.463 of 2023; EI & EB Unit-1 Cuttack P.R. No.306/2023-2024 dated 04.09.2023); S.37 NDPS bar inapplicable as quantity below commercial quantity; bail bond Rs.45,000 with two local solvent sureties; bail auto-revokes if similar criminal antecedent found; BLAPL disposed of.

What did the court decide?

Regular bail granted to the Petitioner in T.R. Case No.463 of 2023 on furnishing bail bond of Rs.45,000/- with two local solvent sureties each for the like amount, subject to stringent conditions including automatic revocation of the bail order if any criminal antecedent of similar nature is found; the BLAPL was accordingly disposed of.

Sashikant Bhoi Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

¶23

Issue for consideration

Whether the Petitioner, an accused detained since 04.09.2023 under Section 21(b) of the N.D.P.S. Act (alleged recovery of 145 grams of heroin) in T.R. Case No.463 of 2023 pending before the 3rd Additional Sessions Judge, Bhubaneswar, should be granted regular bail under Section 439 of Cr.P.C. +1 more

¶16

Court's answer

Taking into account that the Petitioner does not have any similar criminal antecedent and that the final P.R. has already been submitted, this Court is inclined to release the Petitioner on bail subject to stringent conditions.

¶22

Ratio / Principle

Because the seized quantity of contraband article is less than the commercial quantity, the bar under Section 37 of the N.D.P.S. Act is not attracted to the facts of the present case.

¶22

Key takeaways

It is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.45,000/- (Rupees forty five thousand) with two local solvent sureties each for the like amount, to the satisfaction of the Court in seisin over the matter.ratio¶23
The granted bail is conditional: the court below shall verify whether the Petitioner has any criminal antecedent of similar nature, and if such antecedent is found, this bail order shall automatically stand revoked.ratio¶24

Detailed headnote1 paragraphs

Bail Application (BLAPL No.1440 of 2024, High Court of Orissa at Cuttack, decided 02.05.2024 by Aditya Kumar Mohapatra, J.) — Sashikant Bhoi, an accused charged for alleged commission of offence punishable under Section 21(b) of the N.D.P.S. Act (alleged recovery of 145 grams of heroin), sought regular bail under Section 439 of Cr.P.C. in T.R. Case No.463 of 2023, arising out of EI & EB Unit-1, Cuttack P.R. No.306/2023-2024 dated 04.09.2023, pending before the learned 3rd Additional Sessions Judge, Bhubaneswar. Counsel for the Petitioner argued that the seized quantity was less than commercial quantity, so the Section 37 N.D.P.S. Act bar did not apply, that the Petitioner had no similar criminal antecedents, and that the final P.R. had already been filed (December 2023); the State opposed bail citing gravity of allegations and risk to the trial. Holding: since the seized quantity of contraband was less than the commercial quantity, the bar under Section 37 of the N.D.P.S. Act was not attracted; noting the absence of similar criminal antecedents and submission of the final P.R., the Court directed release on bail on furnishing a bail bond of Rs.45,000/- with two local solvent sureties each for the like amount, subject to the condition that the court below verify whether the Petitioner has any criminal antecedent of similar nature — failing which the bail order automatically stands revoked. BLAPL disposed of.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No.1440 of 2024

¶3

Sashikant Bhoi

¶4

..... Petitioner

¶5

Represented By Adv. – Mr. Pravasha Pujaree Parida

¶6

-versus-

¶7

State Of Odisha

¶8

..... Opposite Parties Represented By Adv. – Mr. P.C. Das, A.S.C.

¶9

CORAM:

¶10

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

02.05.2024

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

¶15

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the StateOpposite Party. Perused the materials placed before this Court.

¶16

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with T.R. Case No.463 of 2023, arising out of EI & EB Unit-1, Cuttack P.R. No.306/2023-2024 dated 04.09.2023, pending in the Court of learned 3^rd Additional Sessions Judge, Bhubaneswar, for alleged commission of offence punishable under Section 21(b) of the N.D.P.S. Act.

¶17

Page 1 of 4.

¶18

It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is in custody since 04.09.2023. He further contended that in the meantime investigation has been concluded and final P.R. has been filed in the month of December, 2023. Further, referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted that, a total quantity of 145 grams of heroin has been recovered from the possession of the Petitioner. He further submitted that the alleged seizure of contraband article is less than commercial quantity, therefore, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case. He also contended that since the Petitioner belongs to the locality, there is no chance of his absconding. It is further submitted that the Petitioner does not have any similar criminal antecedent. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions which he shall abide by while on bail.

¶19

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that allegations made against the Petitioner is serious in nature. He further submitted that the cases of illegal transportation of contraband article are on rise in State of Odisha now-a-days. However, the release of the Petitioner at this stage would create hindrance for early conclusion of the trial. He further submitted that in the event the

¶20

Page 2 of 4.

¶21

Petitioner is released on bail, there is every possibility he might indulge in similar type of offence. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

¶22

Having heard the learned counsels appearing for the respective parties and on careful examination of the materials on record and further taking into consideration the seriousness and gravity of the allegation and the fact that the seized quantity of contraband article is less than the commercial quantity, therefore, the bar under Section 37 of the N.D.P.S. Act is not attracted to the fact of the present case and the fact that the Petitioner does not have any similar criminal antecedent and that the final P.R. has already submitted, this Court is inclined to release the Petitioner on bail subject to certain stringent conditions.

¶23

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.45,000/(Rupees forty five thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with other terms and conditions as would be deemed fit and proper by the Court in seisin over the matter.

¶24

It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner has any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any criminal antecedent of similar nature, then this bail order shall

¶25

Page 3 of 4.

¶26

automatically stand revoked.

¶27