Deep Roy vs State Of Odisha

B. P. Routray, J

This is an application under Sec.439 Cr.P.C. for bail and the offence alleged is under Sec.20(b)(ii)(C) of the NDPS Act for alleged possession of

contraband ganja weighing 20 kg. 520 grams.

Heard Mr. A.S. Paul, learned counsel for the Petitioner as well as Mr. A. Rath, learned A.S.C. for the State-Opposite Party.

It is submitted by learned counsel for the Petitioner that the Petitioner is inside custody since 21.1.2020 and despite the direction of this Court dated

7.4.2021 in the earlier bail application, i.e. BLAPL No.9059 of 2020 to complete the trial by end of September, 2021, the same is still pending.

After hearing learned A.S.C. 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.

However keeping in view long period of detention of the Petitioner inside custody and slow progress of 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 Chauliaganj P.S. Case No.25/2020 corresponding to G.R.

Case No.21/2020 on such terms and conditions to be fixed by the learned 1st Addl. Sessions Judge, Cuttack as he deems just and proper including the

condition that the Petitioner shall furnish two sureties 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 learned trial court on or before 20th May, 2022, 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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