Ganesh Kanhar vs State Of Orissa

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

As directed, the Court below has submitted a report that the case is posted for production of the absconder accused- Ganesh Bhoi. It is thus apparent that trial has not commenced as yet.

The petitioner is in custody since 20.05.2022 in connection with Boudh P.S. Case No.142 of 2022 corresponding to Special Case (NDPS) Case No.21 of 2022 pending in the Court of learned Sessions Judge-cum-Special Judge, Boudh for the alleged commission of offence under Section 20(b)(ii)(C)/29 of IPC.

It is alleged that the petitioner and said Ganesh Bhoi were transporting huge quantity of contraband ganja when they were apprehended by police. It is submitted that despite being in custody for nearly two years trial has not commenced as yet. This Court has already noted the status of trial as informed by the Court below. It is further submitted that because of such long incarceration, the petitioner is unable to attend to certain pressing family needs and that he may at least be released on interim bail for some period.

Learned State Counsel has opposed the prayer for bail by submitting that the quantity of contraband seized from the possession of the petitioner is huge being 700 Kg.

This Court observes that undoubtedly the quantity of contraband allegedly seized from the possession of the petitioner is huge but then it is to be noted that the petitioner has been in custody for nearly two years. There is no likelihood of the trial commencing in the near future in view of the status report submitted by the Court below. Thus, the right of the accused to speedy trial stands violated.

Taking into consideration all the above fact as also the specific prayer made by the petitioner, I am inclined to take a lenient view. The bail application is disposed of directing the Court below to release the petitioner on interim bail for a period of three months from the date of his actual release on such terms and conditions as the Court below may deem fit and proper to impose including the condition that he shall appear before the Court in seisin over the matter on each date of posting of the case.

BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

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