Dinesh Kumar Vs State of Odisha

This is the 2^nd bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with P.R. Case No. 06 of 2023-24 corresponding to 2(a) CC Case No.74 of 2023 pending in the file of learned 1^st Addl. District Judge, Cuttack for commission of offences punishable under Sections 20(b)(ii)(C) of NDPS Act, on the allegation of transporting 75 Kgs of Contraband Ganja in a Maruti Suzuki SX4 bearing Regd.No. OR-14S-3633.

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At the outset, Mr. Jugal Kishore Panda, learned counsel for the petitioner apprises this Court that this is the 2^nd 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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Heard, Mr. Jugal Kishore Panda, learned counsel for the petitioner and Mr. B.P. Nayak, learned AGA in the matter and perused the record.

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It is brought to the notice of this Court that the petitioner has been detained in custody since 08.04.2023, but trial is yet to progress even after framing of charge and no witness has yet been examined even summons were being issued to witnesses since 27.05.2024. In this situation, as to when the trial would be concluded is still a guess, but right to speedy trial is the fundamental right of the person accused of an offence and no criminal antecedent of the petitioner has been brought to the notice of this Court. In this situation, especially when not a single witness has been examined even after the case has suffered for five adjournments for hearing and on the backdrop of detention of the petitioner for near about one year and eight months in custody, it prima facie demonstrates an infringement of right to speedy trial of the petitioner. Further, the quantity of Contraband Ganja seized in this case is commercial in nature and the provisions of Section 37 of NDPS Act may ordinary be attracted, but taking into consideration the aforesaid circumstance, this Court is satisfied that the conditions of Section 37 of NDPS Act may be dispensed with at this stage.

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For the reasons stated hereinabove and on going through the materials placed on record including the documents as produced by the learned counsel for the petitioner, this Court without expressing any opinion on merits of the case, admits the petitioner to bail.

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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 in the sum of Rs.1,00,000/- (Rupees One Lakh) only with two 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 in the course of trial 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 by giving his present address of stay and

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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

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A.M. to 12 Noon for three (03) months from the actual date of release from the custody.

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The IIC of the 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 for 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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Accordingly, the BLAPL stands disposed of.

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Issue urgent certified copy of the order as per Rules.

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(G. Satapathy) Judge

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S. Sasmal

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr.Stenographer Reason: Authentication Location: High Court of Orissa Date: 06-Dec-2024 14:20:35

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Dinesh Kumar v. State of Odisha

Case brief

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Dinesh Kumar v. State of Odisha

Case brief

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