High Court of Orissa allowed bail application under Section 483 BNSS. The petitioner was accused of possessing 103 grams of brown sugar under NDPS Act. Bail admitted on bond conditions and reports to police. No merit expressed.
Bail granted on bond of Rs.1,00,000 with two sureties for Rs.1,00,000 each subject to conditions of attendance and reporting.
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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8849 of 2024
Manoj Kumar Parida
… Petitioner
Mr. J.K. Panda, Advocate
-versus-
State of Orissa
… Opposite Party Mr. B.P. Nayak, APP
CORAM: JUSTICE G. SATAPATHY
Order No.
03.
ORDER(ORAL) 20.12.2024
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regard being had to the pre trial detention of the petitioner in custody since 29.05.2024 and the mode and manner of implication of the present petitioner in this case and taking into account the other circumstance on record in entirety and following the well-recognized principle of “bail is the rule, but jail is the exception”, this Court without expressing any view on the merits, admits the petitioner to bail. 5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds 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:-
(i) the petitioner shall not commit any offence while on bail,
(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,
(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
(iv) the petitioner shall report attendance before the IO once in a fortnight preferably on 2nd Sunday of each month in
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between 10 A.M. to 12 Noon for six(06) months from the actual date of his release from the custody.
The IO shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.
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 Odisha Excise Act on prima facie accusations may be treated as a ground for cancellation of bail in this case.
(G. Satapathy)
Judge
Subhasmita
Signature Not Verified
Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 20-Dec-2024 19:39:23
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1 issue framed by the court
Whether bail should be granted to the accused under Section 483 of BNSS Act in a case involving possession of brown sugar under Section 21(b) of NDPS Act.
3 provisions across 3 enactments
Manoj Kumar Parida
State of Orissa
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
