Deep Roy vs State Of Odisha

B. P. Routray, J

The matter is taken up through hybrid mode.

Heard Mr. S.K. Samantaray, learned counsel for the Petitioner and Mr. K.K. Das, learned Additional Standing Counsel.

A report was called for from the learned trial court considering the submissions that trial is not proceeding despite direction of this court to conclude the same expeditiously. Learned trial court in his report dated 2nd March, 2023 has stated that only four witnesses out of 20 charge-sheeted witnesses have been examined till date and since 23 rd December, 2021 no witness is turning up.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Deep Roy in connection with Chauliaganj P.S. Case No.25 of 2020 corresponding to G.R. Case No.21 of 2020 pending in the court of learned Additional Sessions Judge, Cuttack for alleged commission of offence under Section 20(b)(ii)(c) of N.D.P.S. Act for alleged possession of contraband ganja weighing about 20 kg. 520 grams.

It is submitted on behalf of the Petitioner that he is inside custody since 20th January, 2020.

Upon hearing Mr. Das, learned Additional Standing Counsel for State and keeping in view the total quantity of contraband ganja that attracts commercial quantity, and the embargo contained under Section 37(1)(b) of NDPS Act, I am not inclined to release the Petitioner on bail. Accordingly, his prayer for bail is rejected.

However, considering long detention of the Petitioner inside custody and slow progress of trial, it is directed to release the Petitioner on interim bail for a further period of three months from the date of his release on such terms and conditions as may be deemed just and proper by the learned court in seisin over the matter including the conditions that the Petitioner shall furnish two sureties (with proper identity proof) out of whom one shall be his relative and that, the Petitioner shall not be involved in any other offence while on bail.

It is made clear that the Petitioner shall surrender himself on or before 9th June, 2023, failing which learned court below shall take all appropriate steps including issuance of NBW of Arrest to apprehend the Petitioner.

The BLAPL is accordingly disposed of.

An urgent certified copy of this order be issued as per rules.

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