Suresh Maruti Pawar Vs State of Odisha

Heard learned counsel appearing for the Petitioners and learned Additional Standing Counsel appearing for the StateOpposite Party. Perused the materials placed before this Court.

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The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioners for regular bail in connection with 2(a) C.C. Case No.38 of 2024, arising out of P.R. No.76 of 2024-25 dated 03.07.2024, pending in the Court of learned Sessions Judge-CumSpecial Judge, Ganjam, Berhampur for alleged commission of offence punishable under Sections 20(b)(ii)(c) of the N.D.P.S. Act.

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Learned counsel for the Petitioners submits that earlier this matter was not before any of the bench of this Court. It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 03.07.2024. He further contended that the

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investigation has progressed substantially. Further referring to the allegation made in the F.I.R., learned counsel for the petitioners submitted that a total quantity of 21 Kg of contraband ganja was recovered from the two accused persons. In such view of the matter, learned counsel for the petitioners submitted that the bar under Section 37 would not be attracted to the fact of the present case. He further submitted that the Petitioners do not have any similar criminal antecedent. He further contended that the petitioners belong to the locality, therefore there is no chance of absconding. Further contends that the petitioners do not belongs to State of Odisha, therefore, the Petitioners are ready and willing shall abide by any terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

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Learned Additional Standing Counsel appearing for the StateOpposite Party, on the other hand, opposed the release of the Petitioners on bail on the ground that in the event the Petitioners are released on bail, there is a possibility that they might be involved in similar criminal offences. Learned Additional Standing Counsel submitted that considering the nature of allegation and the contraband used in the present case, the release of the petitioners would be a threat to the society. Therefore, he submitted that the prayer for bail of the Petitioners be rejected at this juncture.

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Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case and further keeping the view the period of detention of the Petitioners in jail custody and the fact that the Petitioners do not have any similar criminal antecedent, this Court is inclined to release the Petitioners on bail subject to

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imposition of stringent conditions.

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Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.35,000/-(Rupees Thirty-Five Thousand) each with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter subject to the following terms and conditions:

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I) The Petitioners shall also file an affidavit before the Trial Court with regard to indicating there their residential details other details like Aadhar No., Phone No. before the jurisdictional police station & further release of the Petitioners shall be subject to verification of such details as would be furnished by any relative of the Petitioners in the shape of an affidavit.

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II) shall not be involved in any offence of similar nature while on bail;

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III) shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;

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IV) shall not make any default in attending the court during trial on each date without fail;

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V) shall appear before the concerned Police Station once in a fortnight preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. till conclusion of the trial.

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

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It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.

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It is further directed that the bail granted to the Petitioners is

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Rubi

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subject to the condition that the court below shall verify whether the Petitioners are having any criminal antecedent of similar nature. In the event it is found that the Petitioners are having any similar criminal antecedent, this bail order shall automatically stand revoked.

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The BLAPL is, accordingly, disposed of.

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( A.K. Mohapatra)

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Judge

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Signature Not Verified

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Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 02-Sep-2024 13:37:39

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Suresh Maruti Pawar v. State of Odisha

Case brief

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Suresh Maruti Pawar v. State of Odisha

Case brief

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