Single Bench of Justice S.K. Sahoo ordered bail for the petitioner in an NDPS trial after verifying surety details and relying on Supreme Court norms regarding delays in disposal. The BLAPL number 8132 of 2023 is disposed with bail granted.
Released on bail upon furnishing bond of Rs.50,000 with two local solvent sureties and complying with standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8132 of 2023
Kuldeep Singh
.....
Petitioner
Mr. Devash i s Panda, Advocate
-versus-
State Of Odisha
..... Opp. Party
Mr. P.B. T r ipathy Addl. Stan d ing Counsel
CORAM: THE HON'BLE MR. JUSTICE S.K.SAHOO
ORDER
Order No.
03.04.2024
Heard le a rned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 o f Cr.P.C. in connection w ith Sonepur P.S. Case No.41 of 2018 corresponding to Special G.R. Case No.10 of 2018 pending in the Court of learned Sessions Jud g e -cumSpecial Judge, Sonepur for offence punishable under section 20(b)(ii ) (C) of the N.D.P.S. Act.
The petiti o ner moved an application for b a il before the Court of l earned Sessions Judge -cum- Special Judge, Sonepur , which was rejected on 04.07.2 0 23. Learned c ounsel for the petitioner submi t ted that
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the petitioner was taken into judicial cu s tody in connection wit h this case on 11.03.2018 an d in the learned trial C ourt, out of fourteen charge sheeted witnesses, only four witnesses have been exa m ined so far and in vie w of delayed disposal of trial, the bail application of the petitioner may be favourably considered.
Learned c ounsel for the State has prod u ced the written instruction received from the Inspector in-charge of Sonepur p o lice station dated 26.03.202 4 which indicates that t he aadhar cards and RoRs of the two local sureties, n amely, Chaitan Dip and Ganga K umbhar have been verified and found to be genuine an d the two local sureties a r e ready and willing to take the p etitioner on bail. The ins t ruction is taken on record.
Consideri n g the submissions made by th e learned counsel for the respective parties, slow progres s of trial, the period of detention of the petitioner in judicial custody and ke e ping in view the ratio laid down by the Hon’ble Supre m e Court in the case of Mohd Muslim @ Hussain -Vrs.- State (NCT of Delhi) reported in 2023 LiveLaw (SC) 260 , I am inclined to release the petitioner on bail.
Let the p etitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/(rupees fifty th o usand) with two above mentio n ed local
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solvent sureti e s each for the like amount to the satisfaction of the learned Court in seisin o ver the matter with fur t her terms and conditions as th e learned Court may d e em just and proper inclu d ing the conditions that he shall not indulge in any criminal activities, shall not try to tamper with the pr o secution evidence and s h all appear before the learned t r ial Court on each date t o which the case would be p o sted for trial.
Violation of any of the terms and conditi o ns shall entail cancellation of the bail. Accordin g ly, the BLAPL is disposed of. Issue urg e nt certified copy as per Rules.
( S.K. Sahoo) Judge
Sipun
Signature Not Verified
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Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 04-Apr-2024 17:33:29
1 issue framed by the court
Whether the petitioner should be released on bail considering the slow progress of trial and proximate date of bail application hearing.
Colour shows how this judgement treated each authority
Mohd Muslim @ Hussain -Vrs.- State (NCT of Delhi) reported in 2023 LiveLaw (SC) 260Relied on¶21
2 provisions across 2 enactments
Kuldeep Singh
State Of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
