Haziz Abdullah @ A.Haji vs State Of Odisha

D.Dash, J

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

The Petitioner being in custody in connection with Muniguda P.S. Case No.53 of 2018 corresponding to C.T. Case No.23(A) of 2018 on the file of learned Addl. Sessions Judge-cum-Special Judge, Gunupur, running for alleged commission of offence under Section-20(b)(ii)(C) of the NDPS Act, has filed this application under Section-439 of the Cr.P.C. for his release on bail in the above mentioned case.

Learned Counsel for the Petitioner submits that although the Petitioner is in custody since 12.09.2022, yet the trial in the case has made no such substantial progress. He further submits that when other co-accused persons similarly situated with the Petitioner have been released on bail, this Petitioner is languishing in custody. He further submits that if the materials on record are plainly assessed, this Petitioner can be said to be rather on a lesser footing than those who have been released on bail. In view of all these above, according to him the bar contained under section-37 of the NDPS Act at this stage does not stand on the way of grant of bail to the Petitioner and therefore, when there remains no scope on the part of the Petitioner to flee from justice and the question of tampering the evidence does not arise as most of the witnesses are officials; he urges for reconsideration of the prayer for grant of bail to the Petitioner.

Learned counsel for the State opposes the move placing the materials on record as against this Petitioner. He however, does not dispute the factum of grant of bail to the co-accused persons and they are enjoying the liberty since long.

Taking into account the submissions made; further keeping in view the surrounding circumstances especially, the period of detention of the Petitioner in custody; while being inclined to reconsider the prayer for grant bail to the Petitioner in the aforesaid case, it is directed that the Petitioner be released on bail on such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that:-

he shall appear in person before the Court in seisin of the case on each and every date of posting of the case till conclusion of the trial;

shall appear before the Inspector-in-Charge of Muniguda Police Station, on every Monday in between 10 am to 2 pm for a period till conclusion of trial; and

shall not indulge himself in commission of any criminal activity; and

shall not leave the district of Rayagada till conclusion of trial.

Violation of any of the condition(s) shall entail cancellation of bail.

The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.

………………………………