Sivram Kewat Vs State of Odisha

The petitioner is in custody since 23.06.2020 in connection with Sonepur P.S. Case No. 110 of 2020 corresponding to Spl. G.R. Case No. 09 of 2020 pending in the Court of learned Addl. Sessions Judge-cum- Special Judge, for the alleged commission of offence under Sections 20(b)(ii)(C) of the NDPS Act.

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His earlier application was rejected by this Court taking note of the quantity of contraband found from his possession. However, he approached the Supreme Court in SLP(C) No.38253 of 2024. As per order dated 20.09.2024, the Supreme Court permitted the petitioner to withdraw the SLP with liberty to approach this Court renewing his prayer for bail in terms of

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liberty granted earlier. Be it noted that by order dated 03.11.2023 passed by this Court in BLAPL No. 2849 of 2023, this Court while directing the Court below to dispose of the case within a period of 8 months had granted liberty to the petitioner to renew his prayer if trial is not concluded within the aforesaid period. More than one year has elapsed in the meantime. As informed by the trial Court, only 8 out of 21 witnesses have been examined. The petitioner has spent more than 4 and half years in custody by now. This almost amounts to pre-trial punishment which is not countenanced in law.

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Learned State counsel has opposed the prayer for bail by submitting that the petitioner belongs to the State of Madhya Pradesh and if released, he may not attend the Court below for trial.

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After considering the rival submissions and taking note of the fact that this Court had granted liberty to the petitioner earlier to renew his prayer, if trial is not concluded within the aforesaid period as also the long period of detention in custody without conclusion of trial, I am inclined to take a lenient view moreso, as the trial is not expected to be concluded any time in near future in view of the number of witnesses left to be examined. Let the petitioner be released on bail on such terms and conditions as the trial Court may deem fit and proper to impose including the following conditions:

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