Vikram Sonone v. State of Odisha

Orissa HC5 Aug 2024BLAPL/752/2024

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; BLAPL No.752 of 2024; Section 439 Cr.P.C.; NDPS Act Sections 20(b)(ii)(C); Nandapur P.S. Case No.56 of 2023; T.R. Case No.66 of 2023; Special Judge Koraput; bail application rejected 05.01.2024; charge-sheet filed 01.12.2023; trial not commenced; custody since 19.05.2023; material witnesses preferred over formal witnesses; revive/renew bail plea; six-month limit; Justice Sibo Sankar Mishra; disposed of with observations.

What did the court decide?

No bail granted at this stage. With the Court's observations, the petitioner may revive his bail plea before the Court below once the evidence of material witnesses is recorded (such application to be considered on the materials available on record), and may renew his bail plea if the trial Court cannot record the material witnesses within six months. ¶¶25

Vikram Sonone 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, accused under Sections 20(b)(ii)(C) of the NDPS Act and in custody since 19.05.2023, whose charge-sheet was filed on 01.12.2023 but whose trial has not commenced, and whose earlier bail application was rejected on 05.01.2024, should be granted bail under Section 439 Cr.P.C. +1 more

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Court's answer

It is borne from the record that although the charge-sheet was filed on 01.12.2023, the trial has not yet been commenced.

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Ratio / Principle

The trial Court should record the evidence of material witnesses in preference over the formal witnesses.

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Key takeaways

After the evidence of the material witnesses is recorded, the petitioner may revive his bail plea before the Court below.ratio¶¶23
If such a bail application is moved before the Court below, it shall be considered on the materials available on record.ratio¶¶23
If the trial Court cannot record the material witnesses within six months, the petitioner may renew his bail plea.ratio

Detailed headnote1 paragraphs

Bail application under Section 439 Cr.P.C. (BLAPL No.752 of 2024,disposed of 05.08.2024, Justice Sibo Sankar Mishra, High Court of Orissa at Cuttack) by Vikram Sonone, accused under Sections 20(b)(ii)(C) of the NDPS Act in Nandapur P.S. Case No.56 of 2023 corresponding to T.R. Case No.66 of 2023 pending before the Additional Sessions Judge-cum-Special Judge, Koraput, whose bail application had been rejected by the Court below on 05.01.2024. With the charge-sheet filed on 01.12.2023, the petitioner in custody since 19.05.2023 and the trial not yet commenced, the Court directed the trial Court to record the evidence of material witnesses in preference over formal witnesses; the petitioner may revive his bail plea before the Court below after the material witnesses' evidence is recorded (to be considered on the materials available on record), and may renew his bail plea if the trial Court cannot record the material witnesses within six months. With this observation, the BLAPL was disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.752 of 2024

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Vikram Sonone …. Petitioner(s)

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Mr. K. A. Guru, Advocate

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-versus-

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State of Odisha

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…. Opposite Party(s)

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Mr. J. P. Patra, ASC

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CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

05.08.2024

Order No.

04.

This is an application under Section 439 Cr.P.C.

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The petitioner is an accused in connection with Nandapur

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P.S. Case No.56 of 2023 corresponding to T.R. Case No.66 of 2023

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for the offence under Sections 20(b)(ii)(C) of the NDPS Act pending in the Court of the learned Additional Sessions Judge-cumSpecial Judge, Koraput.

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The petitioner is aggrieved by the order dated 05.01.2024 passed by the learned Additional Sessions Judge-cum-Special Judge, Koraput in T.R. Case No.66 of 2023, whereby his bail application has been rejected by the Court below.

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Page 1 of 2

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Mr. Patra, learned Additional Standing Counsel for the

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State submits that on 01.12.2023 charge-sheet has been filed, however, it is borne from the record that the trial has not yet been commenced.

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In view of the fact that the charge-sheet has already been

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filed on 01.12.2023 and the petitioner is in custody since 19.05.2023, I am of the considered view that the trial Court should do well to see that the evidence of material witnesses are recoded on preference over the formal witnesses and after the evidence of the material witnesses are recorded, the petitioner may revive his bail plea before the Court below. If such application is moved, the same shall be considered on the materials available on record. If the trial Court cannot record the material witnesses within six months,

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the petitioner may renew his bail plea.

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