Bhima Khilo vs State Of Odisha

B. P. Routray, J

This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.20(b)(ii)(C)/29 of the NDPS Act for alleged possession of contraband ganja weighing 110 kg.

Heard Mr. R. Biswal, learned counsel for the Petitioner as well as Mr. K. Das, learned A.S.C. for the State-Opposite Party.

It is submitted on behalf of the Petitioner that he is inside custody since 5th June, 2021 and the trial has not yet commenced though charge-sheet has been submitted.

After hearing Mr. K. Das, learned Additional Standing Counsel for the State-Opposite Party, I am not inclined to release the Petitioner on bail keeping in view the embargo contained in Section 37(1)(b) of the NDPS Act. The prayer for bail is rejected.

But considering long period of detention of the Petitioner inside custody and slow progress in trial, it is directed to release the Petitioner on interim bail for a period of three months from the date of his release in connection with Semiliguda P.S. Case No.02/2021 corresponding to T.R. No.01/2021 on such terms and conditions to be fixed by learned Sessions Judge-cum-Special Judge, Koraput as he deems just and proper including the condition that the Petitioner shall furnish two sureties (with proper identity proof) out of which one shall be his relative and that, he shall not be involved in any other offence while on bail and shall attend the trial court on each date fixed.

It is made clear that the Petitioner shall surrender in the trial court on or before 31st January, 2023, failing which learned trial court shall take appropriate steps including issuance of NBW of arrest to apprehend him.

The BLAPL is disposed of.

An urgent certified copy of this order be granted on proper application.

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