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Praveen Paswan @ Praveen Kumar Paswan v. State of Odisha

Bail – Interim bail

Orissa HC25 Jan 2024BLAPL/1625/2023

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Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; BLAPL No.1625 of 2023; decided 25.01.2024 by D. Dash, J.; interim bail eight weeks; NDPS Act sections 20(b)(ii)(C)/29; Sunabeda P.S. Case No.209 of 2019; T.R. Case No.52 of 2019; custody since 30.12.2019; successive bail application; family hardship; petitioner Praveen Paswan @ Praveen Kumar Paswan vs State of Odisha; conditions: no criminal activity, appear before trial court, remain within Odisha, surrender after interim period.

What did the court decide?

Interim bail for eight (08) weeks from the date of actual release from custody, subject to conditions imposed by the trial Court (no criminal activity, appearance before Trial Court, no leaving Odisha jurisdiction, surrender after expiry of interim period). ¶29

Praveen Paswan @ Praveen Kumar Paswan 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.1625 OF 2023

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Praveen Paswan @ Praveen Kumar Paswan

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…. Petitioner

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Mr. Sk. Zafarulla, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. P. K. Mohanty, ASC

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CORAM:

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MR. JUSTICE D.DASH

Order

25.01.2024

Order No.

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

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2. This is the successive journey of this Petitioner, who is in custody in connection with Sunabeda P.S. Case No.209 of 2019, corresponding to T.R. Case No.52 of 2019, pending on the file of the learned Additional Sessions Judge-cum-Special Judge, Koraput running for the alleged commission of offence under sections 20(b)(ii)(C)/29 of NDPS Act in filing this application for grant of bail in the above mentioned case.

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3. Learned Counsel for the Petitioner at the outset instead of pressing for reconsideration of the prayer for grant of regular bail to the Petitioner, confines his submission for grant of interim bail to the Petitioner and accordingly, prays for disposal of this bail application.

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4. Learned counsel for the Petitioner submits that the Petitioner being arrested in the case, is in custody since 30.12.2019. He further submits that due to such detention of the Petitioner in

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custody, besides he himself, his family members are suffering a lot and serious hardship is being caused to them. It is also his submission that till now his family members having somehow been able to manage the show, it is no more possible on their part to continue without the help and aid of this Petitioner at least for some time by their side at home. In view of all these above, when there remains no scope on the part of the Petitioner to flee from justice and tamper the evidence, he urges for grant of interim bail to the Petitioner.

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5. Learned counsel for the State opposes the move in view of the serious nature of the allegations.

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6. Taking into account the submissions made; further keeping in view the surrounding circumstances especially, the period of detention of the Petitioner in custody; this Court, for the present, is inclined to dispose of this application by granting interim bail to the Petitioner for a period of eight (08) weeks with effect from the date of his actual release from custody on such terms and conditions as the learned Court in seisin of the case deems just and proper with further condition that:-

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