Allowed

Sangram @ Chinmaya Samal v. State of Odisha

Orissa HC5 Apr 2024BLAPL/6005/2023

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a bail application under Section 439 Cr.P.C. filed by the petitioner accused of an offense under the NDPS Act. Considering the slow progress of the trial and the period of detention, the court granted bail with specific conditions.

What did the court decide?

Petitioner released on bail on bond of Rs. 50,000 with two sureties for Rs. 50,000 each on specific conditions.

Sangram @ Chinmaya Samal Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6005 of 2023

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Sangram @ Chinmaya Samal

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.....

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Petitioner

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Mr.A.P. Ray, Advocate

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-versus-

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State Of Odisha

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..... Opp. Party

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Mrs.Susama r ani Sahoo Addl. Standi n g Counsel

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CORAM:

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THE HON'BLE MR. JUSTICE S.K.SAHOO

ORDER

Order No.

05.04.2024

07.

This matter is taken up through Hybrid arrangement (video conferencing/physical mod e ). Heard l e arned counsel for the petitioner and learned counsel for the State.

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This is an application for bail under secti o n 439 of Cr.P.C. in conn e ction with Choudwar P.S. Case N o. 15 of 2018 correspo n ding to G.R. Case No. 01 of 2018 pending in the file of learned 1^st Addl. Sessio n s Judge, Cuttack for alle g ed commission of offence under section 20(b)(ii)(C) of the N.D.P.S. Act.

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The bail application of the petitioner h as been rejected by t h e learned 1^st Addl. Session s Judge, Cuttack as per o rder dated 05.05.2023.

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Page 1 of 3

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Learned c ounsel for the State has prod u ced the custody certifi c ate of the petitioner from th e Senior Superintendent , Circle Jail, Choudwar, Cutta c k dated 18.03.2024 fro m which it reveals that the petitioner has undergone five years, four months and three days of sentence. The custody certificate is taken on re c ord.

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Learned c o unsel for the petitioner submi t ted that initially the petitioner was taken into judicial custody on 14.01.2018 an d in view of delayed disposal of trial, thrice he has b een granted interim bail and on each occasion for th r ee months and last time, he wa s granted interim bail for three months in BLAPL No. 348 1 of 2022 as per order dated 08.07.2022, but he rema i ned one month more than the period of interim bail on account of some heal t h problem and could not s eek for extension of t h e interim bail order. Learned counsel further submit s that in the learned trial Cour t , out of twenty four ch a rge sheet witnesses, twenty w itnesses have been ex a mined and some co-accused persons have been g r anted bail and therefore, t he bail application ma y be favourably considered.

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Consideri n g the submissions made by th e learned counsel for th e respective parties, nature of evidence adduced so far d uring trial, keeping in view the ratio laid down by the H on’ble Supreme Court in the case of Mohd Muslim @ Hussain -Vrs.- State (NCT of

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Page 2 of 3

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Delhi) reported in 2023 LiveLaw (SC) 260 and taking into ac c ount the period of detentio n of the petitioner in ju d icial custody and the slow pr o gress of trial, I am inclined to release the petitioner on b a il.

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Let the p etitioner be released on bai l in the aforesaid case on furnishing bail bond of Rs.50,000/(rupees fifty t h ousand) with two local solvent sureties each for the like amount to the satisfactio n of the learned Court i n seisin over the matter with su c h terms and conditions a s the learned Court may deem just and proper includin g the conditions that the petitioner shall not indulge in any criminal activities, shall appear before the lear n ed trial Court when the case w ould be posted for tria l and shall not try to tamper with the prosecution wit n esses.

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Violation o f any of the conditions sh a ll entail cancellation of b ail.

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The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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( S.K. Sahoo) Judge

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PKSahoo

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Signature Not Verified

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Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGHCOURT OF ORIS SA Date: 08-Jul-2025 10:57:39

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Sangram @ Chinmaya Samal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sangram @ Chinmaya Samal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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