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Judgment
13 paragraphs · 383 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in G.R. Case No.18 of 2022 pending on the file of learned Special Judge, Gajapati, Paralakhemundi, arising out of Mohana P.S. Case No.21 of 2022 for commission of the offence under Sections 20(b)(ii)(C)/25/29 of the N.D.P.S 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 Sessions Judge-cum-Special Judge, Gajapati, by order dated 13.09.2023 in the aforementioned case, the present BLAPL has been filed.
This is the 4th journey of the Petitioner to this Court. The bail application of the Petitioner was not entertained by order dated 19.12.2022 in BLAPL No.8149 of 2022 since the same was during currency of investigation and BLAPL No.6973 of 2022 filed by the Petitioner was withdrawn by order dated 27.01.2023. The bail application of the Petitioner was rejected by order dated 24.04.2023 in BLAPL No.1595 of 2023 by a Coordinate Bench. This bail application has been listed before this Court in view of the dictum of the Apex Court in the case of Pradhani Jani vrs. the State of Odisha dated 15.05.2023 in Criminal Appeal No.1503 of 2023 arising out of SLP (Crl.) No.3241 of 2023.
It is submitted by the learned counsel that the Petitioner is the first offender and is in custody since 27.1.2022. Hence, he seeks release because of tardy progress in trial.
Learned counsel for the State opposes the prayer for bail.
On perusal of the order of rejection, it is seen that the trial has already commenced and two witnesses have already been examined.
Considering the same and keeping in view the nature of accusation and since prima facie the bar contained in Section 37(1)(b)(ii) of the N.D.P.S Act is attracted in the case at hand as noted by the Coordinated Bench, this Court is not inclined to entertain this bail application.
Accordingly, BLAPL stands rejected.
Learned Court in seisin is requested to expedite the trial since the Petitioner is in custody from 27.1.2022.
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