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Muna Suna @ Khora v. State of Odisha

Orissa HC6 May 2024BLAPL/3439/2024

Case brief

AI extract

What is this about?

NDPS bail under S.439 Cr.P.C.; offence S.20(b)(ii)(C)/29 NDPS Act; ganja carriage/piloting allegation; reliance on co-accused statement; parity with bailed co-accused; stringent bail conditions including weekly police station reporting for eighty months; High Court of Orissa; BLAPL No.3439 of 2024; Justice D. Dash; order dated 06.05.2024; disposed of by granting bail.

What did the court decide?

Petitioner directed to be released on bail in T.R.Case No.22(A) of 2018 (arising out of Laxmipur P.S. Case No.67 of 2018) subject to terms and conditions of the trial court, including personal appearance on each posting date, weekly appearance before the I.I.C., Laxmipur Police Station for eighty months, restriction on leaving court jurisdiction without prior permission, and abstention from similar offences; urgent certified copy as per rules.

Muna Suna @ Khora Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody for alleged commission of offence under section 20(b)(ii)(C)/29 of the NDPS Act in T.R.Case No.22(A) of 2018, deserves to be released on bail under section 439, Cr.P.C.

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Court's answer

Considering the submissions, materials on record, surrounding circumstances including the period of detention of the petitioner in custody and the factum of release of co-accused persons on bail, the petitioner is directed to be released on bail in the aforementioned case on such terms and conditions as deemed just and proper by the trial court.

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Ratio / Principle

Bail is made subject to further conditions: personal appearance before the trial court on each date of posting till conclusion of trial; weekly appearance between 10.00 A.M. to 2.00 P.M. before the I.I.C., Laxmipur Police Station for a period of eighty months; no departure from the jurisdiction of the trial court without its prior permission; and no indulgence in commission of similar offences.

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Key takeaways

Violation of any of the above conditions shall entail cancellation of bail.ratio¶20

Detailed headnote1 paragraphs

Bail — S. 439, Cr.P.C. — Offence under S. 20(b)(ii)(C)/29, NDPS Act — Petitioner in custody in T.R. Case No.22(A) of 2018 arising out of Laxmipur P.S. Case No.67 of 2018 before the learned Additional Sessions Judge-cum-Special Judge under NDPS Act, Koraput — Counsel contended ganja was not recovered from the petitioner's possession, he was arraigned only as allegedly piloting the vehicle carrying ganja, the supporting material was the co-accused's statement, and similarly situated co-accused were already on bail — State opposed, asserting nexus with the carriage of ganja — Court, considering the materials on record, the period of detention and the release of co-accused on bail, directed release on bail on terms fixed by the trial court, with additional conditions: personal appearance on each date of posting till conclusion of trial; weekly appearance before the I.I.C., Laxmipur Police Station between 10.00 A.M. and 2.00 P.M. for eighty months; no exit from the court's jurisdiction without prior permission; no indulgence in similar offences — Violation to entail cancellation of bail — BLAPL disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3439 of 2024

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1) Muna Suna @ Khora

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1. Abhi Suna

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..... Petitioners

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Represented By Adv. - Pvs Nanaji Achary

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-versus-

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State Of Odisha

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..... Opposite Parties Represented By Adv. – P. K. Mohanty, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE D.DASH

ORDER

06.05.2024

Order No.

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

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The petitioner being in custody in connection with T.R.Case No.22(A) of 2018, arising out of Laxmipur P.S. Case No.67 of 2018, running for alleged commission of offence under section 20(b)(ii)(C)/29 of NDPS Act pending in the court of the learned Additional Sessions Judge-cum-Special judge under NDPS Act, Koraput, has filed this application under section 439, Cr.P.C. for his release on bail.

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Learned counsel for the petitioner submits that contraband ganja having not been recovered from the possession of this petitioner; he has been arraigned in the case merely on the allegation that he with others in a vehicle were piloting the vehicle carrying ganja. He further submits that in order to support the above allegation, the material collected is

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the statement of the co-accused. It is also submitted that coaccused persons similarly situated with the petitioner are on bail. In view of all the above, when there remains no scope on the part of the petitioner to flee from justice and the question of tampering the evidence, in the facts and circumstances does not arise; he urges for grant of bail to the petitioner.

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Learned counsel for the State opposes the move. He further submits that at this stage on the face of the circumstances leading to detention of the petitioner, he cannot be said to be no nexus with the carriage of ganja.

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Considering the submissions made and on going through the materials available on record; further keeping in view the surrounding circumstances including the period of detention of the Petitioner in custody as also the factum of release of co-accused persons on bail, it is directed that the Petitioner be released on bail in the aforementioned case with such terms and conditions as deemed just and proper by the Court in seissin of the case with further conditions that he will appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial; will appear once in a week in between 10.00 A.M. to 2.00 P.M. before the I.I.C., Laxmipur Police Station for a period of eighty months; shall not leave the jurisdiction of the court without prior permission of the court in seision of the case; and will not indulge in commission of similar type of offence.

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Violation of any of the above condition shall entail cancellation of bail.

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