Sudarsan Harijan Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Sudarsan Harijan Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Interim bail for three months to petitioner no.2 Banita Harijan on bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, subject to conditions including appearance on each trial date and surrender on expiry of the three-month period; bail prayer of petitioner no.1 Sudarsan Harijan rejected.

Issue for consideration

Whether petitioner no.2 Banita Harijan, a lady in judicial custody since 23.02.2020 with thirteen of eighteen charge sheet witnesses examined, is entitled to bail notwithstanding the bar under section 37 of the N.D.P.S. Act arising from seizure of commercial quantity of ganja. +1 more

Court's answer

While not inclined to grant bail to petitioner no.2 on merit, the Court released her on interim bail for three months from the date of release, considering that she is a lady in judicial custody since 23.02.2020, thirteen of eighteen charge sheet witnesses stand examined, and she is a local person with no chance of absconding; she is to surrender before the learned trial Court immediately on expiry of the three-month period.

Ratio / Principle

Petitioner no.2 Banita Harijan to be released on interim bail on furnishing bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, on conditions that while on interim bail she shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case is posted for trial; violation of any term or condition shall entail cancellation of interim bail.

Key takeaways

In view of the seizure of commercial quantity of ganja and the bar under section 37 of the N.D.P.S. Act, the bail prayer of petitioner no.1 Sudarsan Harijan stands rejected.ratio¶21

Detailed headnote1 paragraphs

Bail — N.D.P.S. Act, ss. 20(b)(ii)(c) & 25 — seizure of commercial quantity of ganja — statutory bar under s. 37 — petitioner no.2 (lady) in judicial custody since 23.02.2020, thirteen of eighteen charge sheet witnesses examined, local resident with no chance of absconding — released on interim bail for three months on bail bond of Rs.50,000/- with two local solvent sureties, conditioned on appearance on each trial date and surrender on expiry — bail prayer of petitioner no.1 rejected in view of commercial quantity seizure and s. 37 bar — BLAPL disposed of. (High Court of Orissa at Cuttack, S.K. Sahoo, J., 01.02.2024)

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2953 of 2023

1. Sudarsan Harijan 2. Banita Harijan …. Petitioners

Mr.S.K. Dash, Advocate

-versus-

State of Odisha

…. Opp. Party

Mr.Sonak Mishra, Addl. Standing Counsel

Order No.

06.

CORAM:
JUSTICE S.K. SAHOO
ORDER
01.02.2024
This matter is taken up through Hybrid Arrangement
(Video Conferencing/Physical Mode).
Heard learned counsel for the petitioners and
learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Mudulipada P.S. Case No.23 of 2020 corresponding to C.T. Case No.88 of 2020 (T.R. No. 180 of 2020) pending in the Court of learned Sessions Judge -cum- Special Judge, Malkangiri for offences punishable under sections 20(b)(ii)(c) and 25 of the N.D.P.S. Act.

The petitioner moved an application for bail before the Court of learned Additional Sessions Judge -cumSpecial Judge, Malkangiri which was rejected on 28.02.2023.

// 2 //

Considering the submissions made by the learned counsel for the petitioners that the petitioner no.2, who is a lady, is in judicial custody since 23.02.2020 and out of eighteen charge sheet witnesses, thirteen witnesses have been examined as per the status report furnished by the learned trial Court and that she is a local person and there is no chance of her absconding and in view of seizure of commercial quantity of ganja and the bar under section 37 of the N.D.P.S. Act, while not inclining to grant bail to petitioner no.2 on merit, I am inclined to release her on interim bail for a period of three months from the date of release and she shall surrender before the learned trial Court immediately on expiry of the three months period.

For the above period, let the petitioner no.2 Banita Harijan 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 as the learned Court may deem just and proper subject to conditions that while on interim bail, she shall not indulge in any criminal activities in any manner and shall appear before the learned trial Court on each date to which the case would be posted for trial.

Violation of any of the terms and conditions shall entail cancellation of interim bail.

So far as petitioner no.1 Sudarsan Harijan is concerned, in view of seizure of commercial quantity of ganja and the bar under section 37 of the N.D.P.S. Act,

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// 3 //

the prayer of petitioner no.1 for bail stands rejected.

Accordingly, the BLAPL is disposed of. Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

PKSahoo

Signature Not Verified

Digitally Signed Signed by: PRAMOD KUMAR SAHOO Designation: Secretary Reason: Authentication Location: HIGH COURT OF ORISSA Date: 02-Feb-2024 17:46:45

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