Sanyasi Digal Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Sanyasi Digal Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Release on interim bail till 6th March, 2024 on terms deemed just and proper by the court in seisin of the case, subject to personal appearance before that court on dates falling during the interim-bail period, no departure from its jurisdiction without prior permission, and positive surrender before it on 7th March 2024.

Issue for consideration

Whether the petitioner, instead of pressing for regular bail, should be granted interim bail in this second bail application. +1 more

Court's answer

After considering the submissions made and going through the averments in the petition and the documents placed, the court directed that the petitioner be released on interim bail till 6th March, 2024 on such terms and conditions as deemed just and proper by the court in seisin of the case.

Ratio / Principle

Condition imposed: the petitioner shall appear in person before the court in seisin of the case on the date/dates falling during the period of interim bail.

Key takeaways

Conditions imposed: the petitioner shall not leave the jurisdiction of the court in seisin of the case without prior permission, and shall surrender before the said court on 7th March 2024 positively.ratio¶20

Detailed headnote1 paragraphs

Bail application (BLAPL No.3217 of 2023, High Court of Orissa at Cuttack, D. Dash J., order dated 02.01.2024): Second bail application ('second journey') by Sanyasi Digal, in custody in Gochhapada P.S. Case No.45 of 2021 corresponding to C.T. Case No.45 of 2021 (offence under section 20(b)(ii)(C) of the NDPS Act) pending before the learned District & Sessions Judge-cum-Special Judge, Phulbani; application made under Section-439 of the Cr.P.C. Counsel, instead of pressing regular bail, sought disposal by way of interim bail on the ground that the petitioner's ailing wife (aged about 40 years) needed him at home for her treatment and to arrange necessary funds; the State opposed, submitting there was no immediate need to take her to a super speciality hospital. Considering the submissions, petition averments and documents, the Court directed release on interim bail till 6th March, 2024 on terms deemed just and proper by the court in seisin of the case, with conditions that the petitioner appear in person before that court on dates falling during the interim-bail period, not leave its jurisdiction without prior permission, and surrender before it on 7th March 2024 positively. The BLAPL and the I.A. were accordingly disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL NO.3217 OF 2023

Sanyasi Digal …. Petitioner

Mr. A.R. Panda, Advocate

-versus-

State of Odisha

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

CORAM:

MR. JUSTICE D. DASH ORDER

Order No.

02.01.2024 I.A. NO.1515 OF 2023

01.

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

This is the second journey of this Petitioner who is in custody in connection with Gochhapada P.S. Case No.45 of 2021 corresponding to C.T. Case No.45 of 2021 pending on the file of the learned District & Sessions Judge-cum-Special Judge, Phulbani running for commission of offence under section20(b)(ii)(C) of the NDPS Act in filing this application under Section-439 of the Cr.P.C. for his release on bail in the above mentioned case.

During pendency of the above application, the Petitioner has also filed an Interlocutory application for grant of interim bail. 3. Learned Counsel for the Petitioner at the outset instead of pressing for grant of regular bail to the Petitioner, prays for disposal of this application by considering the matter relating to the grant of interim bail to the Petitioner. Referring to the medical papers furnished he submits that the wife of the Petitioner being aged about 40 years is having the ailments and for that presence of this Petitioner at home for some period so as to look after his

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wife’s treatment by arranging necessary funds is absolutely necessary.

Learned Counsel for the State opposes the move. On the basis of the information received from the proper quarter, he submits that although the Petitioner’s wife is ill, yet at present there is no such immediate need of taking her to the super speciality hospital for advance treatment, when she is also able to do her normal work and her so doing.

Considering the submissions made and on going through averments taken in the petition as well as the documents as placed; it is directed that the Petitioner be released on interim bail till 6^th March, 2024 on such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that he will appear in person before the Court in seisin of the case on the date/dates falling during the period of interim bail; will not leave the jurisdiction of the Court in seisin of the case without prior permission; and will surrender before the said Court on 7^th March 2024 positively.

The BLAPL as well as the I.A. are accordingly, disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan

Signature Not Verified

Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 03-Jan-2024 11:53:11

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