K. v. Girish Vs State of Odisha

This is an application under section 439 of Cr.P.C. in connection with Chitrokonda P.S. Case No.8 of 2021 corresponding to Special G.R. Case No.9 of 2021 pending in the Court of learned Sessions Judge -cumSpecial Judge, Malkangiri for offences punishable under sections 20(b)(ii)(C)/25 of the N.D.P.S. Act.

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The petitioner moved an application for bail before the Court of learned Sessions Judge -cumSpecial Judge, Malkangiri which was rejected on 21.09.2023.

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Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody in connection with this case on 13.01.2021 and earlier the petitioner approached this Court for bail in BLAPL No.3507 of 2022 which was disposed of on 13.02.2023 and while disposing of the matter, the learned trial Court was directed to expedite the trial and conclude it within a period of six months from the date of framing of the charge. Learned counsel further submitted that out of seventeen charge sheet witnesses, thirteen witnesses have been examined and in view of the slow progress of the trial, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State submitted that the address furnished by the petitioner in the cause title of the bail application is a correct one.

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Learned counsel for the petitioner furnished the names, addresses and documents of two local sureties, namely, 1) Rukadhar Harijan and 2) Raghu Khasla to the learned counsel for the State for verification and today, learned counsel for the State has produced the written instruction dated 26.10.2024 received from the Inspector in-charge of Chitrakonda police station which indicates that there is no criminal antecedent against those two local sureties and the

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bailors are genuine and the documents are found to be authentic one and they are ready and willing to stand as sureties for the petitioner. The instruction is taken on record.

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Learned counsel for the State opposed the prayer for bail and submitted that in view of the bar under section 37 of the N.D.P.S. Act, the petitioner is not entitled to be released on bail.

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Considering the submissions made by the learned counsel for the respective parties, the quantity of ganja seized and in view of the bar under section 37 of the N.D.P.S. Act, while not inclining to release the petitioner on bail on merit, but keeping in view the period of detention of the petitioner in judicial custody and since the earlier order passed by this Court in BLAPL No.3507 of 2022 has not been complied with, I am inclined to release the petitioner on interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.

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For the above period, let the petitioner 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 (the aforesaid Rukadhar Harijan and Raghu Khasla) each

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for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions that while on interim bail, the petitioner shall not try to come in contact with any of the prosecution witnesses or tamper with the evidence, he shall not indulge in any criminal activities and he shall appear before the learned trial Court on each date on which the date would be fixed for trial during the interim bail period.

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

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Accordingly, the BLAPL is disposed of.

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Issue urgent certified copy as per Rules.

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( S.K. Sahoo) Judge

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Sipun/rajesh

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Signature Not Verified

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Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 11-Nov-2024 15:12:49

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K. v. Girish v State of Odisha

Case brief

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K. v. Girish v State of Odisha

Case brief

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