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Judgment
21 paragraphs · 765 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with G.R. Case No.98 of 2021 pending on the file of learned Additional Sessions Judge-cum-Special Judge, Paralakhemundi, Gajapati, arising out of Mohana P.S. Case No.170 of 2021 for commission of offence alleged under Sections 20(b)(ii)(C)/25/29 of the NDPS Act.
Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. S.J.-cum-Spl. Judge, Paralakhemundi by order dated 13.03.2024 in the aforementioned case, the present BLAPL has been filed.
Considering the submission of the learned counsel for the Petitioner that though the Petitioner is in custody from 08.09.2021 there is no progress in the trial, a report was called for from the learned Court in seisin regarding the stage of trial.
Relevant portion of the said report is culled out hereunder for convenience of ready reference;
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“The Charge Sheet in this case which was registered on 07.09.2021 was filled before the Sessions Judge-cum-Special Judge, Gajapati at Paralakhemundi on 07.03.2022. On the same day, cognizance of offence U/s 20(b)(ii)(C)/25/29 of N.D.P.S. Act was taken by the Hon'ble Sessions Judge-cum-Special Judge. Subsequently, after supply of copies of police papers to the accused person, the case record is received on transfer from the Court of Sessions Judge-cum-Special Judge, Gajapati, Paralakhemundi in the Court of Addl. Sessions Judge-cum-Special Judge, Paralakhemundi on 30.04.2022. After receipt of the case, charges under above sections of law against the accused person were framed by this Court on 24.08.2022. As the accused person pleaded not guilty to the charges and claimed for trial, at the instance of the Prosecution through the Ld. Special P.P. who proposes to examine all the C.S. witnesses numbering 19 (Nineteen), summon were issued to the witnesses for their evidence. In the mean time, examination of 08 (eight) prosecution witnesses out of 19 (Nineteen) C.S. witnesses has been completed till date. Now, the case stands posted to 27.06.2024 for further trial.”
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It is submission of the learned counsel for the Petitioner that one of the co-accused Md. Ijaj @ Md. Ajaj was released on bail by this Court by order dated 20.11.2023 in BLAPL No.3607 of 2023 on the ground of procrastination of trial. Hence, on the ground of parity relying on the judgment of the Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another, reported in 2022 (10) SCC 51, the Petitioner seeks release.
Learned counsel for the State opposes the prayer for bail and submits that merely because trial is lingering that does not give any indefeasible right to the Petitioner to be released on bail and it is further submitted that since the Petitioner is a flight risk, he ought not to be released on bail.
It is stated at the Bar by the learned counsel for the Petitioner that the Petitioner is the first offender.
Considering the same and taking into account that further
11 witnesses are to be examined, keeping in view the order of the Apex Court in the case of Rabi Prakash vs. The State of Odisha reported in 2023 SCC OnLine SC 1109, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the Petitioner during trial since he does not belong to the State of Odisha, additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
It is further directed that one of the family member of the Petitioner shall execute a P.R bond in addition to the sureties so fixed.
Before releasing, learned Court in seisin is requested to verify the criminal antecedent of the Petitioner from his parent police station i.e., P.S.-Golmuri, Dist-Jamshedpur, East Singbhum, State-Jharkhand. If it comes to fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
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