Mojesh Gamango@Majes Gomango Vs State of Odisha

This is a bail application U/S. 439 of Cr.P.C. by the petitioner for grant of bail in connection with Padmapur P.S. Case No. 142 of 2022 corresponding to T.R. Case No. 148(A) of 2022 pending in the file of learned Additional Sessions Judge-cum-Special Judge, Gunupur, for commission of offences punishable under Sections 20(b)(ii)(C)/29 of NDPS Act, on the allegation of possessing and transporting 42Kgs and 200 Grams of Contraband Ganja on a Motor Cycle bearing Registration No. OD-07-E-8998.

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Heard Mr. Mangu Nandy, learned counsel for the petitioner and Mr. T.K.Praharaj, learned SC in the present matter and perused the record. Mr. Nandy,

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however, apprises this Court that this is the first bail application of the petitioner, but no bail application of the petitioner is pending before any other forum except this one.

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It is informed to the Court that the present petitioner has no criminal antecedent which is clarified by the written instruction received by the learned Standing Counsel from IIC, Padmapur PS and such written instruction being filed is taken on record. 5. It is further stated at the Bar that the material so collected by the investigating agency by which the present petitioner has been implicated in this case is on the basis of statement of co-accused and finding of motor cycle standing in the name of father of the petitioner at the spot, which in the aforesaid situation persuades this Court to consider that the petitioner has satisfied the conditions of Sec. 37 of NDPS Act.

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After having considered the rival submissions and taking into consideration the nature and gravity of offence, so also the accusation raised against the petitioner and keeping in view the mode and manner of implication of the present petitioner and regard being had to the surrender of the present petitioner in the Court in seisin over the matter on 29.04.2024, but the incident having taken place on 19.12.2022 on which date the petitioner was not found at the spot,

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this Court without expressing any opinion on the merits of the case, grants bail to the petitioner.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioner shall not commit any offence while on bail,

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(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law ,

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(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.

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(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on 2^nd Sunday of each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of release from the custody.

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The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

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It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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It is made clear that the Court in seisin of the case, while releasing the petitioner on bail must verify the residential proof of the surety by taking the help of local police, if required and such exercise must be completed within a reasonable period of not more than seven days of filing bail bonds.

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Accordingly, the BLAPL stands disposed of. 10. Issue urgent certified copy of the order as per Rules.

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(G. Satapathy) Judge

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kishore Signature Not Verified

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Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 12-Jul-2024 10:07:21

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Mojesh Gamango@Majes Gomango v. State of Odisha

Case brief

What is this about?

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Mojesh Gamango@Majes Gomango v. State of Odisha

Case brief

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